(288) Even setting aside the
thorniness of the precedential value of a plurality opinion, (289) questions remain as to whether and to what extent Tills formula approach to determining cramdown rates in chapter 13 cases should also be used in chapter 11 cases.
The shrubs also exhibit variations in vigor, disease resistance,
thorniness, and growth pattern.
Part of the
thorniness around multilateralism lies in the misplaced notion that it and pure unilateralism are the only choices.
Schulze reads this evolutionary idea as the basis of Moore's championing art, including her own, that preserves its "pride in unserviceableness" (CPr 93), its "complicated starkness" (A-Q 43), its
thorniness, in the face of readers who prefer "smoothness" and conventionality.
Rossetti's "rose with scarce a thorn" that "drooped, and all its gay increase / Was but one thorn that wounded me" (Christina Rossetti 214, lines 3, 6-7) could be a subtle reference to the rose of Jericho as, indeed, a far more effective metaphor for mortality and potentiality than the common rose and its unambiguous and hackneyed
thorniness. Like the rose of Jericho awaiting in a state of metabolic arrest for its resurrection as the first rains come, Rossetti's forbearance involves an anticipation of increase: "For verily I think to-morrow morn / Shall bring me Paradise, my gift's increase, / Yea, give Thy very Self to me" (Christina Rossetti 214, lines 16-18).
If you think about it, it spotlights the messy human goo, the
thorniness of human experience in a way.
In my own view, even when one selects an interpretive stance at that level, problems remain for defenders of the legal force of any putative "best view." It is not as if predicting what courts will decide, or choosing to hew to an executive branch centered jurisprudence will eliminate the uncertainty, ambiguity, and
thorniness of legal questions.