Way Beyond Candor

Heriot, Gail

Journal: Michigan Law Review

Volume: 89

First Page: 1945

Year: 1991

Bluebook Citation: 89 MICH. L. REV. 1945 (1991)

Author: Gail L. Heriot: all 9 publications


Abstract

Scott Altman's excellent article, Beyond Candor, causes me to pose this query: Does his theory contain not only the seeds of its own rejection, but perhaps also (if I am not careful) the seeds of the rejection of its rejection? Altman tells us of the orthodox view that judges should be encouraged to be both honest with the public and honest with themselves about how they arrive at their decisions. Through this combination of public candor and critical introspection, judges will produce better judicial opinions and ultimately a better legal system, or so the argument runs.

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