Ipse Dixit

Lex Phonographica 2: Don't Cry Over Filled Milk (1988)


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In 1988, the editors of the University of Pennsylvania Law Review published an aside titled "Don't Cry Over Filled Milk: The Neglected Footnote Three to Carolene Products." It provided a trenchant critique of legal citation practices as described in the Bluebook through a satirical examination of footnote three of United States v. Carolene Products, and has been cited with relative frequency by those critiquing current practices. It has also been noted in a number of Constitutional Law texts, including Norman Redlich's Constitutional Law casebook, for its numerous citations to scholarship focused on footnote four of United States v. Carolene Products.

This episode of Lex Phonographica was read by Luce Nguyen.

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