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On Viewing The Courts As Junior Partners Of Congress In Statutory Interpretation Cases: An Essay Celebrating The Scholarship Of Daniel J. Meltzer, Richard H. Fallon Jr
On Viewing The Courts As Junior Partners Of Congress In Statutory Interpretation Cases: An Essay Celebrating The Scholarship Of Daniel J. Meltzer, Richard H. Fallon Jr
Notre Dame Law Review
In this Essay, written in tribute to Dan Meltzer, I shall attempt to explicate his views regarding statutory interpretation in general, thematic terms. In doing so, I shall register my agreement with virtually all of Dan’s conclusions and frequently echo his practically minded arguments in support of them. But I shall also advance arguments—with which I cannot be entirely sure he would have agreed—that seek to show that his position reflected theoretical insights about how language works, not only in law, but also more generally in life. By seeking simultaneously to defend Dan’s views and to build on them, this …
Courtroom Cameras, Steven Brill
Statutory Proximate Cause, Sandra F. Sperino
Statutory Proximate Cause, Sandra F. Sperino
Notre Dame Law Review
No abstract provided.
Overruling Crawford V. Washington: Why And How, David Crump
Overruling Crawford V. Washington: Why And How, David Crump
Notre Dame Law Review
The article discusses a court case in which decision of Roberts Court on Confrontation Clause was overruled by the Crawford Court. It states that Confrontation Clause provides the right of vigorous cross-examination, right to face-to-face presentation of witnesses and the right to severance to the criminal defendant. It highlights several Payne-Parenthood factors supporting the overruling of Crawford including fewer disturbances in reliance interests, dissenting justices and judicial fudging.
Pound's Century, And Ours, Jay Tidmarsh
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Notre Dame Law Review
No abstract provided.