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Full-Text Articles in Law

Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia Apr 2013

Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Antitrust And The Judicial Virtues, Daniel A. Crane Jan 2013

Antitrust And The Judicial Virtues, Daniel A. Crane

Articles

Although commentators frequently debate how judges should decide antitrust cases substantively, little attention has been paid to theories of judicial virtue in antitrust decision making. This essay considers four pairings of virtues: (1) striving for substantive purity versus conceding to institutional realism; (2) incrementalism versus generalism; (3) presenting a unified face versus candidly conceding differences among judges on an appellate panel; and (4) adhering strictly to stare decisis versus freely updating precedents to reflect evolving economic learning or conditions. While recognizing the complexities that sometimes pull judges in the opposite direction, this Article gives the nod to institutional realism, incrementalism, …


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.