Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer
Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The conventional wisdom contends that Baker v. Carr did not set down a standard for lower courts to follow. This Article responds to this position. It reaches three conclusions. First, it argues the implicit promise of Baker v. Carr pointed toward a loose, flexible rationality standard for deciding redistricting controversies. Under this approach, states were given much room to enact redistricting plans in accordance to their states' particular needs. Second, the lower courts applied precisely this standard in litigation in the wake of Baker, and did so quite capably. This conclusion responds to those who exhort the imposition of a …
Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer
Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
The Dynamic Judicial Opinion, William D. Popkin
The Dynamic Judicial Opinion, William D. Popkin
Articles by Maurer Faculty
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel
The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.