November 2022 Bar Bulletin
Judges are tasked with resolving conflict. The correct legal principle is to be applied appropriately to the facts of each conflict. This is easy to say, of course, but surely the assumption that the correct legal principle exists in some state of mindless nature just waiting to be plucked from the ether is rather silly. Would it not be more accurate to state, and more constructive going forward to recognize, that more often than not correct legal principle is nothing more than policy?
Take for example the criminal case of a West Virginia man, Price, who stood accused of firearm charges in federal court. Price is a convicted...