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Farber on Frickey

By Lawrence Solum

Daniel A. Farber (University of California, Berkeley - School of Law) has posted 'Practical Reasoning' and the Scholarship of Philip P. Frickey on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on September 17, 2009 (boomark / email).