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{{def|Bright-line test|/brʌɪt lʌɪn tɛst/|n|}} | {{def|Bright-line test|/brʌɪt lʌɪn tɛst/|n|}} | ||
(''American''). A conceptual exercise bestowing a so great degree of confidence in the mind of a member of the New York bar that it cannot, as a matter of [[metaphysics|metaphysical]] theory, much less ''legal'' theory, exist. A bright-line test is a [[paradox]]; a kind of unachievable [[Platonic form]]; a sunlit upland to which all US attorneys wistfully aspire, but which all know, and thank their lucky stars, they will never have to encounter in person. | (''American''). A conceptual exercise bestowing a so great degree of confidence in the mind of a member of the New York bar that it cannot, as a matter of [[metaphysics|metaphysical]] theory, much less ''legal'' theory, exist. A bright-line test is a [[paradox]]; a kind of unachievable [[Platonic form]]; a sunlit upland to which all US attorneys wistfully aspire, but which all know, and thank their lucky stars, they will never have to encounter in person. | ||
Wikipedia tells us the bright line test originates in US constitutional law where critics have argued that overly simplistic “bright-line” rules, can unjustly deprive US attorneys of their 9th amendment rights to filibuster indefinitely without arriving at a useful conclusion. Supreme Court Justice Stephen Breyer noted that “no single set of principles can ever capture the ever-changing complexity of an attorney’s ''ad hoc'' opinion.” | |||
Thus, the words “[[bright-line test]]” are always uttered in the negative, and with insincere remorse — e.g., “sadly, there’s no [[bright-line test]] for this”. The logical impossibility of a bright-line test is a [[US attorney]]’s means of evading any responsibility for anything she says, does, or commits to a lengthy written [[legal opinion|memorandum of advice]]. | Thus, the words “[[bright-line test]]” are always uttered in the negative, and with insincere remorse — e.g., “sadly, there’s no [[bright-line test]] for this”. The logical impossibility of a bright-line test is a [[US attorney]]’s means of evading any responsibility for anything she says, does, or commits to a lengthy written [[legal opinion|memorandum of advice]]. |