by EElhauge (Author)
Focuses on what judges should do once legal materials fail to resolve interpretive questions. This book challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. It argues that judges can use statutory default rules that are designed to maximize the satisfaction of enactable political preferences.
Format: Hardcover
Pages: 400
Publisher: Harvard University Press
Published: 28 Feb 2008
ISBN 10: 0674024605
ISBN 13: 9780674024601