Tag: judicial decision making

Hierarchy and Heterogeneity: How to Read a Statute in a Lower Court

Aaron-Andrew P. Bruhl - University of Houston Law Center

Is statutory interpretation an activity that all courts should, in principle, perform the same way?  Or should methods of statutory interpretation systematically vary depending on which court is doing the interpreting?
Courts and commentators overwhelmingly assume that interpretive methods should be essentially homogeneous across courts.  Moreover, they treat the United… Read More »

Judicial Politics and the Rule of Law

Charles Gardner Geyh - Indiana University Maurer School of Law

According to legends dating back to the Renaissance, the ermine would rather die than soil its pristine white coat. The ermine so came to symbolize purity, and English judges adopted this symbol by adorning their robes with ermine fur. For their part, American judges took a more ermine-friendly approach, dispensing… Read More »

Jones v. Harris Associates L.P. and the Limits of Public Choice Textualism

Daniel Birk

The pronouncement “A book is the words that comprise it” risks seeming an insipid axiom.  Nevertheless, we are all inclined to believe that there is a form separable from the content and that ten minutes of conversation with Henry James would reveal to us the “true” plot of The Turn… Read More »

Guns, Butter, and Judges: Judicial Frameworks for Cases Implicating Security-Wealth Tradeoffs

L. Rush Atkinson

Security is not free. To be marginally safer from any external threat, a state often must be willing to pay billions of dollars. The full cost of security goes beyond military budgets: When military action is taken—for example, through a campaign or an embargo—national wealth is often sacrificed in opportunity… Read More »

Notice-and-Comment Judicial Decisionmaking

Michael Abramowicz & Thomas B. Colby

In this Article, we propose that courts should make draft opinions available to the public for comment (typically by posting them on the Internet) before issuing them in final form.  This proposal is not as wacky as it might first sound. A variant, in which draft opinions are distributed to… Read More »