The Supreme Court, Confessions, and Judicial Schizophrenia

Loewy, Arnold H.

Journal: San Diego Law Review

Volume: 44

First Page: 427

Year: 2007

Bluebook Citation: 44 SAN DIEGO L. REV. 427 (2007)

Author: Arnold H. Loewy: all 32 publications


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Abstract

Schizophrenia literally means "split mind." Consequently, it should not be too surprising that the United States Supreme Court, which is a theoretically continuing body with nine ever-changing minds, would say things in one year that seem schizophrenic when contrasted with last year's jurisprudence. Unfortunately, many of the inconsistent statements remain good law, and the result largely depends on which doctrine the Court chooses to trot out. In this essay, four such statements and the extent that each should be taken will seriously be examined.

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