The Problem With 'History and Tradition'
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The Text History and Tradition Test - The Framing and the Difficulty
Sally Kohn: I'm sympathetic to the judges at the Fifth Circuit, because the framing was that has been put upon them requires all of this. She says she's long been intrigued by the text history and tradition test. Kohn: The first seeds of really worrying about this actually came in the Bruin decision itself when I saw what a mess the history and tradition was.
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