A Common Law for the Age of Statutes
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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Antecedents and Roots
Techniques and Feasibility
The Role of Courts in an Age of Statutes
The Dangers of the Doctrine
The Uses and Abuses of Subterfuge
The Choice for Candor
Table of Cases
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action administrative agencies Alexander Bickel amendment anachronistic apply approach appropriate areas argued burden of inertia Calabresi Chap checks and balances Code common law rules comparative negligence Congress constitutional adjudication constitutionally contributory negligence decision delegation discussed doctrine effect enacted equal protection fact federal FELA force function Gilmore Grant Gilmore guest statute infra interpretation issue Jones Act judges judicial power judicial review jury Justice justified Landis Lawbook Exchange legal fabric legal landscape legal topography legislative inertia legislative intent legislative reconsideration legislature liability limits majoritarian majority nullify old rule overruling Pabst Brewing Co plaintiffs political principles problem product liability question reenacted reform regulations response result retentionist retentionist bias role Rptr stare decisis Stat statutes Statutory Obsolescence subterfuges suggest sunset sunset laws supra note Supreme Court techniques text at notes tion tional tort traditional updating Wellington Yale Yale Law School