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In 1921, in his famed Storrs Lecture at Yale, Benjamin Cardozo—direct heir to Oliver Wendell Holmes Jr. and one of the most influential Justices of the U.S. Supreme Court—recorded his astonishment at the trust placed, especially by judges, in the obiter dictum. A real mystery. More than eighty years later, Pierre Leval—judge at the Court of Appeals of the Second Circuit—, in his Madison Lecture at New York University, expressed his doubts on the viewpoint; is the obiter truly insignificant? Is it simply chit-chatting, or does it possess hidden strength?

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May the Force Be with You

  • 章节

  • 发表日期：

    2025年

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  • Daniel Mitidiero

摘要

In 1921, in his famed Storrs Lecture at Yale, Benjamin Cardozo—direct heir to Oliver Wendell Holmes Jr. and one of the most influential Justices of the U.S. Supreme Court—recorded his astonishment at the trust placed, especially by judges, in the obiter dictum. A real mystery. More than eighty years later, Pierre Leval—judge at the Court of Appeals of the Second Circuit—, in his Madison Lecture at New York University, expressed his doubts on the viewpoint; is the obiter truly insignificant? Is it simply chit-chatting, or does it possess hidden strength?