Professor Michael Mannheimer talked with the Ipse Dixit podcast about a law review article he will publish next year the Texas Law Review of the University of Texas.
His premise in “Vagueness as Impossibility”: “I argue that both clarity and constitutional legitimacy can be infused into the void-for-vagueness doctrine [in law] by shedding the rhetoric of vagueness and instead thinking of the problem as impossibility of compliance [with a particular law].”
His theory is that:
• “Where it is difficult to ascertain what the law requires, it is sometimes, though not always, impossible to comply.”
• “This way of reframing vagueness as impossibility not only provides a firmer constitutional footing for some of the precedents of the Supreme Court of the United States, but also provides a guide for future cases.”
You can listen to him at https://shows.pippa.io/ipse-dixit/episodes/michael-mannheimer-on-vagueness.