A Common Law for the Age of StatutesHarvard University Press, 1982 - 319 sider The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised. |
Innhold
Choking on Statutes | 1 |
The Flight to the Constitution and to Equal Protection Clauses | 8 |
The Passive Virtues | 16 |
Interpretation | 31 |
The New Deal Response Administrative Agencies | 44 |
Legislative Responses | 59 |
Structural Responses | 69 |
A New Approach Antecedents and Roots | 81 |
The Doctrine Techniques and Feasibility | 146 |
The Role of the 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 |
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action administrative agencies Alexander Bickel amendment anachronistic apply approach appropriate areas argued burden of inertia Calabresi Chap Code common law rules comparative negligence Congress constitutional adjudication constitutionally contributory negligence deal decision delegation discussed doctrine effect enacted equal protection fact federal FELA force function Gilmore Grant Gilmore guest statute H. L. A. Hart Harv infra interpretation issue Jones Act judges judicial power jurisdiction jury Justice justified Landis legal fabric legal landscape legal topography legislative inertia legislative intent legislative reconsideration legislature liability limits majoritarian majority nullify old rule overruling Pabst Brewing Co passive virtues plaintiffs political principles problem product liability question reenacted reform regulations response result retentionist bias role Rptr Stat statutes Statutory Obsolescence subterfuges suggest sunset sunset laws supra note Supreme Court techniques text at notes tion tional tort traditional Traynor updating Wellington Yale L. J. Yale Law School