Stephen G. Breyer
speaker
67,148 appearances
783 recordings
1 series
first heard Oct 2010
last heard Apr 2022
Stephen G. Breyer’s voice in public audio — every appearance, attributed to the second.
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Appearances
Why do we have to keep writing these decisions?
If it's so clear, maybe we just make it worse.
But the decision between fact and law, it seems to me they're always coming up.
And it's actually not so easy.
Sometimes it is.
And then the argument the other way would be we're going to have that problem.
And, you know, I'm sitting there as a trial judge and I actually got confused between shifting and springing uses.
And at the end of the case, I think, oh, my God, I should have said shifting use.
It was not a shifting use.
It was a springing use.
Oh, my goodness.
And I can't say it's major, but I'd like to correct it right now.
All right?
Matter of law.
So what they're saying, look, the judges do make mistakes.
Give them a quick chance to do it, even if it's one of law.
Call it to their attention.
Six of one, half a dozen of the other, because we have problems both ways.
They might not know it until actually three months later because they do not read every night the shifting, springing news section of the American law of property.
And
Showing 541–560 of 67,148 · page 28 of 3358
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