In the law, a close case is generally defined as a ruling that could conceivably be decided in more than one way.[1] Various scholars have attempted to articulate criteria for identifying close cases,[2] and commentators have observed that reliance upon precedent established in close cases leads to the gradual expansion of legal doctrines.[3]
^See, e.g., Maureen Armoor, Rethinking Judicial Discretion: Sanctions and the Conundrum of the Close Case, 50 S.M.U. L. Rev. 493, 496 (1997); Ward Farnsworth, The Role of Law in Close Cases: Some Evidence from the Federal Courts of Appeals, 86 B.U. L. Rev. 1083, 1095 (2006).
^See, e.g., The Selection of Interim Justices in California: An Empirical Study, 32 Stan. L. Rev. 433, 437 (1980).
^Guido Calabresi, The Exclusionary Rule, 26 Harv. J.L. & Pub. Pol'y 111, 112 (2003) (characterizing this process as a "slippery slope").
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