Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 61

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               HALPERN, J., dissenting:  I cannot join the majority’s                 
          opinion for the following reasons.                                          
          I.  Our Obligation as a Court of National Jurisdiction Is To                
          Decide This Case as We Think Is Right                                       
               Three strikes and you’re out!  Is that the new rule?                   
          According to the majority:  “Suffice it to say that, in light of            
          the reversals of this Court’s decisions by three different                  
          circuits, we now decide that we will accede to the result in                
          those appellate decisions”.  Majority op. p. 16.  Finding it                
          unnecessary “to winnow out the differences in our analyses in our           
          prior cases and those of the Courts of Appeals that have reversed           
          us”, id., and seeing “no reason in the instant case to adopt                
          either the rationale of the Fifth and Eighth Circuits, on the one           
          hand, or of the Sixth Circuit, on the other”, id., and with no              
          further analysis than that, the majority overrules a result that            
          we reached on three separate occasions and which, by virtue of              
          our role as a trial court of national jurisdiction, governed us             
          in cases appealable to 9 out of the 12 Courts of Appeals.                   
               A judge is supposed to reach his or her opinion by a process           
          of “reasoned elaboration”, striving to reach what he (or she)               
          thinks is the right result.1  Because we are a court of national            
          jurisdiction, we face unique problems in dealing with the                   
          opinions of the various Courts of Appeals.  In Central Pa. Sav.             


          1    Hart & Sacks, The Legal Process:  Basic Problems in the                
          Making and Application of Law 143-152, in particular 149-150                
          (1994); Schauer, “Opinions as Rules”, 62 U. Chi. L. Rev. 1455,              
          1465 (1995).                                                                



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