Sattva Capital Corp. v. Creston Moly Corp.
Deference Across the Public-Private Divide
Public lawyers may sometimes tend to think that deference is a phenomenon unique to cases involving judicial review of government action. A moment’s reflection should be enough to dispel that notion. For example, judges in civil trials regularly defer to expert witnesses (negligence being a particular case in point) and boards of directors; and appellate […] Read more