jreeves
Senior Member
- Feb 12, 2008
- 6,588
- 319
- 48
Yes, Volokh has worries. But the ridiculous assertion by you that using it would get one laughed out of court is nonsense. Numerous lawyers have used it, as have numerous courts. And these aren't in the court of first instance, either. Those 300 cases were at the appellate level.
You can use it sure but is a judge going to give it must credence?
Some are, some aren't. Judges who have cited it probably will give it credence.
Yep like the 8th circuit