Event Title

A Replay to Judge Starr's Observations

Presenter Information

Abner J. Mikva

Location

Duke Law School

Start Date

6-3-1987 11:15 AM

End Date

6-3-1987 12:15 PM

Description

We are no longer the common law courts that perhaps we once were. We are statutory courts. The overwhelming share of our business is the interpretation of what Congress, and the state legislatures, say the law is. I would hope that we engage in some reasoned dialogue with them, and maybe agree on some things, but they are the primary branch of government. A problem arises, then, when Congress does not speak as plainly as we would like them to speak.

Comments

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Related Paper

Abner J. Mikva, A Reply to Judge Starr’s Observations, 1987 Duke Law Journal 380-386 (1987)

Available at: http://scholarship.law.duke.edu/dlj/vol36/iss3/4


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Mar 6th, 11:15 AM Mar 6th, 12:15 PM

A Replay to Judge Starr's Observations

Duke Law School

We are no longer the common law courts that perhaps we once were. We are statutory courts. The overwhelming share of our business is the interpretation of what Congress, and the state legislatures, say the law is. I would hope that we engage in some reasoned dialogue with them, and maybe agree on some things, but they are the primary branch of government. A problem arises, then, when Congress does not speak as plainly as we would like them to speak.