Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Symmetry's Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Symmetry's Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Michigan Law Review
Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …
The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho
The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho
Michigan Journal of International Law
The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.
The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes
The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes
Michigan Law Review
In this essay, I want to try to build on it in order to suggest forms a genuinely New Public Law scholarship might take. My aim is to embrace much of what New Public Law thought has urged: the marginality of common law doctrine or judicial decisionmaking; the need to attend to profound disaffections with the modem regulatory state; an acceptance of the complex, dynamic relationship of public policy and private understandings; a recognition that public values are constituted not only at the grandest levels of policy formation, but also in the myriad microscopic day-to-day experiences of policy. In my …
Beyond Candor, Scott Altman
Beyond Candor, Scott Altman
Michigan Law Review
In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …
Precedent In Law, Erik G. Light
Precedent In Law, Erik G. Light
Michigan Law Review
A Review of Precedent in Law edited by Laurence Goldstein
In Search Of A General Approach To Legal Analysis: A Comparative Institutional Alternative, Neil Komesar
In Search Of A General Approach To Legal Analysis: A Comparative Institutional Alternative, Neil Komesar
Michigan Law Review
This Article is an attempt to aid in the construction of such a general approach to legal analysis. Its central thesis is that all legal decisions share a fundamental feature that should be a basic building block for any general analytic approach: they all involve a choice among imperfect alternative decision-making institutions. In all cases, legal decision makers must consider the relative merits or attributes of the alternative institutions. The analyst of legal decisions, therefore, should adopt a "comparative institutional" approach, which can be simply stated as follows: the determinants of legal decisions can best be analyzed when legal decision …
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper
Michigan Law Review
This article offers a review of the Hart-Dworkin dispute and a qualified defense of the positivist's model against Dworkin's attack. The defense is cast primarily in the form of the second possible response to a descriptive theory: Dworkin's attack fails, I suggest, because it involves descriptive claims that can be accommodated to the positivist's conceptual theory regardless of one's view about the plausibility of those claims.