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This is not a "rare case" at all. Judicial opinions frequently cite private materials such as the Restatements, law review articles, Black's Law Dictionary, pa
by torstenvl 7y ago
This is not a "rare case" at all. Judicial opinions frequently cite private materials such as the Restatements, law review articles, Black's Law Dictionary, paywalled scientific literature, and so on.
- inflatableDodo 7y agoAre the Restatements, law review articles, Black's Law Dictionary and the paywalled scientific literature cited then 'de facto law'?
- torstenvl 7y agoThe Restatements and Black's are, yes. Law review articles - maybe, depending on context. Scientific understanding rarely gets encoded in the law as such, but see Roe v. Wade as an example - the trimester-based legal framework has given legal effect to a particular understanding of fetal viability. Side-note: I don't really care that my above post has been downvoted, but it seems pretty counter-productive to the HN cultural goal of intellectual discourse for people to downvote input from actual practitioners in the field just because they don't like the answer.