¹ Vincent J. Samar, Justifying Judgment: Practicing Law and Philosophy (Lawrence: University Press of Kansas, 1998).

² Were there to be a change in the number of years required for a legal education, such a change would more likely involve a reduction than an increase. Cf. Richard A. Posner, “The Deprofessionalization of Legal Teaching and Scholarship,” Michigan Law Review 91 (1993): 1921, 1928 (suggesting that students should not be required to attend three years of law school in order to become members of the legal profession).

³ See Richard A Posner, “The Decline of Law as an Autonomous Discipline: 1962–1987,” Harvard Law Review 100 (1987): 761, 779.

⁴ See Robert MacCrate, Legal Education and Professional Development—An Educational Continuum (St. Paul: West Publishing Co., 1993).

⁵ See H. L. A. Hart, “Positivism and the Separation of Law and Morals,” Harvard Law Review 17 (1958) 593, 617, 620.

⁶ See MacPherson v. Buick Motor Co., 111 N.E. 1050, 1051 (N.Y. 1916) (“It is possible to use almost anything in a way that will make it dangerous if defective.”)

⁷ See Samar, Justifying Judgment, p. 59 (“Although from one point of view an automobile is more like a wagon than a bottle of mislabeled medicine, the court, nevertheless, applied the exception”).

⁸ See Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 980 (1992) (plurality opinion) (Scalia, J., concurring in part and dissenting in part).

⁹ See Charles Fried, Order and Law: Arguing the Reagan Revolution—A Firsthand Account (New York: Simon and Schuster, 1991), pp. 81–82.

¹⁰ 388 U.S. 1 (1967) (striking interracial marriage ban).

¹¹ 381 U.S. 479 (1965) (striking law precluding married couples from having access to contraception).

¹² 405 U.S. 438 (1972) (striking law preventing unmarrieds from having access to contraception).

¹³ 410 U.S. 113 (1973) (striking down abortion law).

¹⁴ Fried, Order and Law, p. 83.

¹⁵ See Bowers v. Hardwick, 478 U.S. 186, 197 (1986) (Burger, C. J. concurring).

¹⁶ See Kenneth L. Karst, “Myths of Identity: Individual and Group Portraits of Race and Sexual Orientation,” UCLA Law Review 43 (1995): 263, 294 (characterizing Burger’s appeal to moral teachings as spurious); Astrid A. M. Mattijssen and Charlene L. Smith, “Dutch Treats: The Lessons the U.S. Can Learn from How the Netherlands Protects Lesbians and Gays,” American University Journal of Gender and Law 4 (1996): 303, 315 (discussing Bowers and then commenting: “Relying on such antiquated rhetoric to decide homosexuals’ constitutional rights is as absurd as relying on the moral teachings of the Spanish Inquisition to determine the constitutional rights of Jews.”).

¹⁷ 517 U.S. 620 (1996).

¹⁸ 852 P.2d 44 (Haw.) reconsideration granted in part, 875 P.2d 225 (Haw. 1993).