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Articles 1 - 15 of 15
Full-Text Articles in Legal History
Statutory Interpretation In Econotopia, Nathan B. Oman
Statutory Interpretation In Econotopia, Nathan B. Oman
Nathan B. Oman
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 …
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Michael S. Green
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Constitution Day 2012: The American Judiciary, Robert Berry
Constitution Day 2012: The American Judiciary, Robert Berry
Librarian Publications
Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
William & Mary Law Review
Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …
All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee
All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee
College of Law - Faculty Scholarship
This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).
The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.
Comparing law to the practice of common courtesy, the …
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Faculty Publications
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
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 …
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
William & Mary Law Review
No abstract provided.
The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin
The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin
William & Mary Law Review
No abstract provided.
A Judge For All Seasons, R. Kent Newmyer
A Judge For All Seasons, R. Kent Newmyer
William & Mary Law Review
No abstract provided.
The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank
The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank
William & Mary Bill of Rights Journal
Judicial independence, which first developed in the Anglo-American legal system, is valued by many countries as an important condition for the rule of law. Its existence in any legal system, however, depends on concrete institutional arrangements. In this Article, Professor Plank identifies four institutional elements necessary to establish and maintain an independent judiciary: fixed tenure (with limited exceptions), fixed and adequate compensation, minimum qualifications, and limited civil immunity. The presence of these elements ensures an independent judiciary in many countries. The lack of permanent tenure for judges in most American states, however, raises serious questions about their independence.
To test …
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 …
Philosophy, History, And Judging, Donald P. Boyle Jr.
Philosophy, History, And Judging, Donald P. Boyle Jr.
William & Mary Law Review
No abstract provided.