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Legislation Commons

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Articles 1 - 4 of 4

Full-Text Articles in Legislation

Reconsidering Statutory Interpretive Divergence Between Elected And Appointed Judges, Bertrall L. Ross Dec 2012

Reconsidering Statutory Interpretive Divergence Between Elected And Appointed Judges, Bertrall L. Ross

Bertrall L Ross

No abstract provided.


The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Sep 2012

The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross

Bertrall L Ross

No abstract provided.


The Costs And Elusive Gains Of Creating Complementarities Between Party And Popular Democracy, Bertrall L. Ross Jun 2012

The Costs And Elusive Gains Of Creating Complementarities Between Party And Popular Democracy, Bertrall L. Ross

Bertrall L Ross

No abstract provided.


Against Constitutional Mainstreaming, Bertrall L. Ross Dec 2010

Against Constitutional Mainstreaming, Bertrall L. Ross

Bertrall L Ross

Courts interpret statutes in hard cases. Statutes are frequently ambiguous, and an enacting legislature cannot foresee all future applications of a statute. The Supreme Court in these cases often chooses statutory interpretations that privilege the values that it has emphasized in its recent constitutional jurisprudence. In doing so, the Court rejects alternative interpretations that are more consistent with the values embodied in more recently enacted statutes. This is constitutional mainstreaming—an interpretive practice that molds statutes toward the Court’s own preferred values and away from values favored by legislative majorities.

In addition to providing a novel descriptive framework for what the …