'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
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.
Number of Pages in PDF File: 20
Date posted: September 15, 2009 ; Last revised: September 21, 2009