July 26, 2007 at 12:10pm
Eric Muller Weighs in on
Getsy v. Mitchell
Dave N (
Having read the absract of Eric Muller's law review article (but not the article itself), it appears that he does not like the concept of inconsistent verdict and is afraid that if the Supreme Court heard this case, it would hurt the chances of his position being advanced.
You should read the entire article. It's extraordinarily readable and exceptionally practical.
The article takes apart and puts back together the Supreme Court's inconsistent, illogical approach to verdict inconsistency.
And he's not advocating a "position" that is either liberal or conservative. He's merely advocating a coherent approach that makes sense out of this otherwise very confused area.
I think his opposition to cert. in
is not based on any "harm" it'd cause to his position. I think Eric's suggesting that
would be another detour.