'Practical Reasoning' and the Scholarship of Philip P. Frickey

Farber, Daniel

doi:10.2139/ssrn.1474044

Abstract

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'Practical Reasoning' and the Scholarship of Philip P. Frickey

Daniel A. Farber

University of California, Berkeley - School of Law

UC Berkeley Public Law Research Paper No. 1474044

Abstract:
Phil Frickey has made important contributions to constitutional law, statutory interpretation, and Indian law. This is the Introduction to a forthcoming symposium in the California Law Review on Frickey's scholarship. The contributors include Bethany Berger, James Brudney, William Eskridge, Sarah Krakoff, John Manning, Robert Post, Peter Strauss and Ernie Young.

Besides providing an overview, the Introduction explores three important themes of Frickey's scholarship: (1) his reliance on practical reasoning by judges; (2) his emphasis on respecting the institutional role of the legislature; and (3) his view that judges must mediate between certain conflicting values without being able to provide a permanent resolution of the conflict.

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Date posted: September 15, 2009 ; Last revised: September 21, 2009

Suggested Citation

Farber, Daniel A., 'Practical Reasoning' and the Scholarship of Philip P. Frickey. UC Berkeley Public Law Research Paper No. 1474044. Available at SSRN: http://ssrn.com/abstract=1474044 or http://dx.doi.org/10.2139/ssrn.1474044

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Daniel A. Farber (Contact Author)

University of California, Berkeley - School of Law ( email )

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