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A Common Law for the Age of Statutes
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Guido Calabresi
Language:
English
Published/Copyright:
1982
About this book
The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country to seriously consider returning to a traditional American judicial–legislative balance in which courts enlarge the common law and decide when a rule of law has seen its day and should be revised.
Reviews
This is a genuinely original and thoughtful book, one of the few in the jurisprudential genre that is both clearly written and devoid of cliché. It addresses current social and legal issues from an engagingly fresh, nonpolemical, and erudite perspective.
-- American Bar Association Journal
-- American Bar Association Journal
Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process…in its quality, timeliness and provocativeness [this book] is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore.
-- Columbia Law Review
-- Columbia Law Review
Topics
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Frontmatter
i -
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Acknowledgments
vii -
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Contents
ix - A Common Law for the Age of Statutes I Choking on Statutes
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I Choking on Statutes
1 -
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II The Flight to the Constitution and to Equal Protection Clauses
8 -
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III The Passive Virtues
16 -
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IV Interpretation
31 -
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V The New Deal Response: Administrative Agencies
44 -
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VI Legislative Responses
59 -
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VII Structural Responses
69 -
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VIII A New Approach: Antecedents and Roots
81 -
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IX The Doctrine: A Question of Legitimacy
91 -
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X The Doctrine: Limits and Guidelines
120 -
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XI The Doctrine: Techniques and Feasibility
146 -
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XII The Role of Courts in an Age of Statutes
163 -
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XIII The Dangers of the Doctrine
167 -
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XIV The Uses and Abuses of Subterfuge
172 -
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XV The Choice for Candor
178 -
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Notes
183 -
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Works Cited
300 -
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Table of Cases
310 -
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Index
316
Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 1, 2009
eBook ISBN:
9780674029156
Pages and Images/Illustrations in book
Main content:
331
eBook ISBN:
9780674029156
Audience(s) for this book
Professional and scholarly;
