A Common Law for the Age of Statutes

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The Lawbook Exchange, Ltd., 1982 - History - 319 pages
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Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977.
"In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752.
GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).
 

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Contents

Choking on Statutes
1
The Flight to the Constitution and to Equal Protection Clauses
8
The Passive Virtues
16
Interpretation
31
Administrative Agencies
44
Legislative Responses
59
Structural Responses
69
Antecedents and Roots
81
Techniques and Feasibility
146
The Role of Courts in an Age of Statutes
163
The Dangers of the Doctrine
167
The Uses and Abuses of Subterfuge
172
The Choice for Candor
178
Notes
183
Works Cited
300
Table of Cases
310

A Question of Legitimacy
91
Limits and Guidelines
120

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Law and Disagreement
Jeremy Waldron
No preview available - 1999
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