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Divided Argument

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Legal Appropriateness in Kavanaugh's Interpretation

This chapter investigates the complexities surrounding the legal appropriateness of Kavanaugh's interpretation in bankruptcy cases. It critically assesses a seven-factor test established by the Second Circuit, emphasizing the need for judicial discretion without leading to arbitrary decisions. The discussion also highlights how vague statutory language shapes judicial interpretation while addressing the implications of Justices' differing viewpoints on fundamental rights.

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