Erin M. Carr and Richard Delgado (Seattle University School of Law) have posted What is a Red Tie? Some Observations about Words and their Extension–And a Few Words of Comfort for Readers of Recent Supreme Court Jurisprudence on SSRN. Here is the abstract:
This essay explores sanewashing and legal indeterminacy within the context of the Roberts Court, describing the word games that characterize recent Supreme Court decisions and the consequences that naturally follow.
Recommended.
Lawrence Solum