Amicus Briefs at the Supreme Court as Dubious Sources of Fact

The New York Times has an interesting piece, here, about dubious sources of factual information — information that has not gone through the adversary process. ¬†Of course, judges are supposed to only take into account facts that are of record below or which the can take “judicial notice” of, which is a pretty narrow band of information.

Interesting stuff when you think of 101…

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.