Law Commons^™

Hierarchy And Heterogeneity: How To Read A Statute In A Lower Court, Aaron-Andrew P. Bruhl

Faculty Publications

Is statutory interpretation an activity that all courts should perform the same way? Courts and commentators implicitly so conclude. I believe that conclusion is wrong. Statutory interpretation is a court-specific activity that should differ according to the institutional circumstances of the interpreting court. The U.S. Supreme Court is not the model all other courts should emulate.

I identify three kinds of institutional differences between courts that bear on which interpretive methods are appropriate: (1) the court’s place in the hierarchical structure of appellate review, (2) the court’s technical capacity and resources, and (3) the court’s democratic pedigree, particularly as reflected …

If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Judicial Selection By The Numbers, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Judicial Selection As...Talk Radio, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Merit Vs. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.

Judicial Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.