October 12, 2020

Mix Many Metaphorsanalogies galore in Oracle v. Google oral argument

A lot of legal argument is argument by analogy. In the most formal sense, that means talking about how a court decided an earlier, similar case, and whether the court should decide a new case in a similar way. Lawyers also argue by hypothetical, making up stories using details of daily life that tend to show a case should go one way or another.

Here’s a quick list of analogies mentioned by the justices of the Supreme Court and arguing lawyers during oral argument in the case of Oracle v. Google:

I’m sure I’ve missed at least a couple.

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