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Re: pqr post# 390499

Wednesday, 07/21/2021 7:29:42 AM

Wednesday, July 21, 2021 7:29:42 AM

Post# of 705297
Also, some law school articles, if you read them closely, the focus is on what the student thinks the law SHOULD be, not what it actually is currently. Reading such articles, a lay person could easily become confused and think they mean the law is that and judges are just yet to rule, but often a closer reading is really, this is how the agencies should update their standards, certain rules need clarification and in the best of worlds, where these things are done, we can reach what the student authors think is the “optimal” policy solution. So reading such articles will often not give a lay person a good sense of what the limits of the current law are in fact. In fact, that is often not the purpose of the article or the author advocate. That’s why, usually they get published in law journals, not to summarize the law, but to advocate for policy change. Law firm updates do the summaries, but the purpose of those summaries is to describe the current law, recent developments and also to scare potential clients into hiring them. But even so, these law firm summaries are often a better indicator of where the law currently is and what areas of controversy are the current focus of the courts.
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