Richard A. Posner Quotes

There Are Really Only Two Standards Of Appellate Review: Plenary And Deferential. Conventionally There Are Four Basic Standards (with Many Variants), Which In Ascending Order Of Deference To The Trial Court Or Administrative Agency Are De Novo, Clearly Erroneous, Substantial Evidence, And Abuse Of Discretion. But The Last Three Are, In Practice, The Same, Because Finer Distinctions Are Beyond Judges' Cognitive Capacity. The Multiplication Of Unusual Distinctions Is A Familiar Judicial Pathology.

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