Jamal Awil

← Frederick Schauer - Thinking Like a…

A court concerned with not deciding too much. [contrarian]

A court concerned with not deciding too much but also concerned with giving guidance might, for example, make a decision containing a precise but narrow rule. The Supreme Court might still have specified, as in Miranda, close to the exact words that a warning would have to contain, but might have limited, as it did not, the cases to which those words would have to be given to a narrow class of police interrogations or to a narrow class of crimes. In such case, it would have selected an approach to rulemaking that was on the rules end of the rules-standards continuum but on the narrow end of the broad-narrow one. And in doing so, it would have done something quite different from what was done in Miranda, where the Court set forth a rule that was, like the class of insects, both broad and precise.

Unknown, Frederick Schauer - Thinkin…, loc. 370