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Legal History

: Legal History Blog

What Caused the Supreme Court to Change its Mind on the Flag Salute?

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The question of causation is notoriously difficult to assess, in law as in history. The legal system's goals of fashioning incentives just-so and compensating injured parties demand that participants assign responsibility. Judges and juries identify the "proximate cause" or "motivating factor" because, in a sense, they must. In history, no normative enterprise need constrain one's investigation

Full post as published by Legal History Blog on April 10, 2009 (boomark / email).

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