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Full-Text Articles in Law
Interpreting Codes, Bruce W. Frier
Interpreting Codes, Bruce W. Frier
Michigan Law Review
Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," …
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Michigan Law Review
A Review of Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
Michigan Law Review
In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.
In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula
Michigan Journal of International Law
This paper will explore the origins of the Court's unusual system of review and underscore some of its problems. Surprisingly, this issue has not been adequately expounded, although occasionally different authors have discussed particular problems, such as the participation of individuals in proceedings before the Court.