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Full-Text Articles in Constitutional Law
The Dynamic Judicial Opinion, William D. Popkin
The Dynamic Judicial Opinion, William D. Popkin
Articles by Maurer Faculty
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner
Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.