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Soldano v. O'Daniels
In “Self-Reliance,” Ralph Waldo Emerson wrote: “A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. With consistency a great soul has simply nothing to do. He may as well concern himself with his shadow on the wall. Speak what you think now in hard words, and to-morrow speak what to-morrow thinks in hard words again, though it contradict every thing you said to-day.”But much of the law is about consistency. And one of the key doctrinal skills lawyers develop is the ability to distill the principles from a legal decision and explain why they do (or don't) apply to the present case.Make sure to read Soldano and the following case, Stangle, in one sitting. Then write yourself a paragraph, before you come to class, explaining why you think that the two cases come out differently.
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