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Social and Behavioral Sciences

Constitutional law

1970

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The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham Jan 1970

The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham

Articles by Maurer Faculty

Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.