Constitutional Law
Dec. 3, 2003
Balancing Act
Forum Column - By Jonathan E. Stern - Philosopher George Santayana once said that those who cannot remember the past are condemned to repeat it. The state Court of Appeal's recent ruling in Barrett v. Rosenthal , 112 Cal.App.4th 749 (2003), suggests a variant of this maxim: Judges who fail to discern a statute's purpose are condemned to defeat it.
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