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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
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
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
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
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 …