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Way Beyond Candor, Gail Heriot
Way Beyond Candor, Gail Heriot
Michigan Law Review
Scott Altman's excellent article, Beyond Candor, causes me to pose this query: Does his theory contain not only the seeds of its own rejection, but perhaps also (if I am not careful) the seeds of the rejection of its rejection?
Altman tells us of the orthodox view that judges should be encouraged to be both honest with the public and honest with themselves about how they arrive at their decisions. Through this combination of public candor and critical introspection, judges will produce better judicial opinions and ultimately a better legal system, or so the argument runs.
The Determinants Of Legal Doubt, Frederick Schauer
The Determinants Of Legal Doubt, Frederick Schauer
Michigan Law Review
A Review of The Case Law System in America by Karl N. Llewellyn
The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes
The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes
Michigan Law Review
In this essay, I want to try to build on it in order to suggest forms a genuinely New Public Law scholarship might take. My aim is to embrace much of what New Public Law thought has urged: the marginality of common law doctrine or judicial decisionmaking; the need to attend to profound disaffections with the modem regulatory state; an acceptance of the complex, dynamic relationship of public policy and private understandings; a recognition that public values are constituted not only at the grandest levels of policy formation, but also in the myriad microscopic day-to-day experiences of policy. In my …