Event Title

On Making Judges Do the Right Thing

Presenter Information

Thomas O. McGarity

Location

Duke Law School

Start Date

3-3-1995 11:00 AM

End Date

3-3-1995 12:00 PM

Description

Professors Shapiro and Levy posit that the Chevron and State Farm cases, though frequently cited as landmarks of administrative law, are in reality dead letters. The heart of Shapiro and Levy's comment is an ambitious attempt to apply "public choice" theory to judicial behavior. Having committed themselves to the theory, the authors are led inexorably to a solution that, in the author's opinion, has little chance of success in the real world.

Comments

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Related Paper

Thomas O. McGarity, On Making Judges Do the Right Thing, 44 Duke Law Journal 1104-1109 (1995)

Available at: http://scholarship.law.duke.edu/dlj/vol44/iss6/3


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Mar 3rd, 11:00 AM Mar 3rd, 12:00 PM

On Making Judges Do the Right Thing

Duke Law School

Professors Shapiro and Levy posit that the Chevron and State Farm cases, though frequently cited as landmarks of administrative law, are in reality dead letters. The heart of Shapiro and Levy's comment is an ambitious attempt to apply "public choice" theory to judicial behavior. Having committed themselves to the theory, the authors are led inexorably to a solution that, in the author's opinion, has little chance of success in the real world.