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A Common Law for the Age of Statutes
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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.
Table of Contents:
Table of Contents:
1. Choking on Statutes
2. The Flight to the Constitution and to Equal Protection Clauses
3. The Passiv…