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Full-Text Articles in Law
Statutes And Democratic Self-Authorship, Paul W. Kahn, Kiel Brennan-Marquez
Statutes And Democratic Self-Authorship, Paul W. Kahn, Kiel Brennan-Marquez
William & Mary Law Review
In this Article, we argue that both sides of the usual debate over statutory interpretation—text versus purpose—rest on a common, but flawed, premise. Judges and scholars have assumed that legislative bodies are the authors of statutes. We disagree; instead, we argue that the people are the authors of statutes. Legislative bodies play an indispensable role in the process: they draft statutes. And courts play a similarly indispensable role: they interpret statutes. But ultimately, it is the polity—we, the people—that is responsible, as authors, for the content of the law.
This shift yields dramatic consequences. To date, no theory of statutory …
The Jury And Participatory Democracy, Alexandra D. Lahav
The Jury And Participatory Democracy, Alexandra D. Lahav
William & Mary Law Review
No abstract provided.
Second-Order Diversity Revisited, Jeffrey Abramson
Second-Order Diversity Revisited, Jeffrey Abramson
William & Mary Law Review
No abstract provided.