The Volokh Conspiracy – Not Dictum:.
much scholarly (and some judicial) ink has been spilled on the theoretical question of how dictum should be defined. Instead, I just wanted to repeat something I said earlier (in the Emerson context): If Nordyke v. King is dictum, then some extremely important Supreme Court rulings are dictum, even though they have to my knowledge never been treated as such. Here are three:
