In an article for the Cornell Law Review, LPHS partner David Coale discusses the tension between the large number of amicus briefs in high-profile cases and the “party presentation principle,” which requires courts to focus on the claims and issues presented by the parties to a case. In “A Common Law For the Age of Amici,” Mr. Coale suggests that two recent Supreme Court cases offer a way to resolve that tension, by considering the source of an argument as an element of the test for identifying the precise holding of an earlier case. Read the article here.