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In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
Daniel A Farber
In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.
In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
Brandon Hasbrouck
No abstract provided.