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Home > Oral Argument > Episode 166: Brooding Omnipresence
Podcast: Oral Argument
Episode:

Episode 166: Brooding Omnipresence
Category: Society & Culture
Duration: 01:32:08
Publish Date: 2018-04-01 09:00:00
Description:

Do judges make law or find and apply it? Or both? Long ago, the realists seemingly won the argument that judging inevitably involves making law, not just identifying it. We talk with Stephen Sachs, who argues for the rehabilitation of the possibility that judges acting in good faith can indeed find the law. Will Stephen and Joe clash over what this means for Erie? You'll just have to listen to find out.

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Special Guest: Stephen Sachs.
Total Play: 0

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