Judicial Theory

Private Law in Theory and Practice

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Private Law in Theory and Practice

Exploring important theoretical issues in tort law, the law of contract and the law of unjust enrichment, this book relates the theory to judicial decision making in these areas of private law.

Common Law Theory of Judicial Review

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Common Law Theory of Judicial Review

Waluchow urges a different theory of bills of rights that is flexible and adaptable.

Democracy and Distrust

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Democracy and Distrust

This book elaborates a third theory of judicial review, one that the author argues is consistent with those underlying assumptio Copyright (C) Muze Inc. 2005. For personal use only. All rights reserved.

Oliver Wendell Holmes, Jr. Legal Theory, And Judicial Restraint

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Oliver Wendell Holmes, Jr. Legal Theory, And Judicial Restraint

Description not available. Copyright (C) Muze Inc. 2005. For personal use only. All rights reserved.

Deliberative Democracy and the Institutions of Judicial Review

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Deliberative Democracy and the Institutions of Judicial Review

Zurn examines the legitimacy of constitutional review using a normative theory of deliberative democratic constitutionalism.

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

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Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

Oliver Wendell Holmes, Jr., is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R.