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Articles 31 - 37 of 37
Full-Text Articles in Law
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Faculty Publications
No abstract provided.
Statutory Interpretation In Econotopia, Nathan B. Oman
Statutory Interpretation In Econotopia, Nathan B. Oman
Faculty Publications
Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
All Faculty Scholarship
Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Faculty Publications
No abstract provided.