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Legal History

Selected Works

2019

Judicial Process

Articles 1 - 3 of 3

Full-Text Articles in Law

Statutory Interpretation In Econotopia, Nathan B. Oman Sep 2019

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 Sep 2019

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 Sep 2019

How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.