What do this Kirby-Delauter-related editorial and this footnote in a 1979 court opinion have in common?

|The Volokh Conspiracy |

What do this Kirby-Delauter-related editorial and this footnote in People v. Arno (Cal. Ct. App. 1979) have in common? (The editorial does it better, I think.)

UPDATE: Oooh, missed this one; thanks to reader SF Alpha Geek for the pointer.

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