Monday, February 7, 2011

The meaning of "dicta"

Stinson 3 Professor Judith Stinson of Arizona State University has written a thorough and lucid explanation of the meaning of “dicta” in an article titled “Why Dicta Becomes Holding and Why It Matters.”   Her article demonstrates that lawyers and even courts often misuse the term, leading to misconceptions about what is controlling law.  The piece contains enlightening analysis and suggestions for addressing the problem.

Hat tip: Terri LeClercq


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