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Toward A Jurisprudence Of Cost-Benefit Analysis, Michael Abramowicz
Toward A Jurisprudence Of Cost-Benefit Analysis, Michael Abramowicz
Michigan Law Review
In 1989, Cass Sunstein published an article entitled On the Costs and Benefits of Aggressive Judicial Review of Agency Action. Sunstein apparently meant the words "costs" and "benefits" in an informal sense, as the article considered the advantages and disadvantages of aggressive judicial review without pretense of explicit quantification. That article was several generations ago in Sunstein scholarship, almost 100 articles and over a dozen books. The central concerns of that article, however, are relevant to an assessment of Sunstein's latest book, whose title, The Cost-Benefit State, uses the words "costs" and "benefits" as labels for quantitative assessments of the …
Mr. Justice William Johnson, Jurist In Limine: Dissent And The Judging Faculty, A. J. Levin
Mr. Justice William Johnson, Jurist In Limine: Dissent And The Judging Faculty, A. J. Levin
Michigan Law Review
There is little more in the legal literature on the subject of dissent than, on the one hand, the feeling that somehow it helps to present more than one side of a question and, on the other, that dissent is confusing and unsettling, and, therefore to be avoided. The part that dissent has played in preventing "history" from becoming the routine repetition of events, the function it fulfills in saving mankind from a mechanical adherence to an authoritarian concept of society, the psychodynamic need of the individual for self-expression-particularly evident in democratic societies-these and other related approaches have had not …