Peter L. Strauss

Legislation that Isn’t – Attending to Rulemaking’s Democracy Deficit

Philip Frickey‘s commitment to practical legal studies won my admiration early on in his career. In this welcome celebration of his extraordinary career, it seems fitting to essay something “practical”—to attempt a constructive approach to an enduring problem—that has some bearing on his lifelong attention to the problem of “interpretation.” If it will not make the problem go away, perhaps it will provide a basis for understanding its inevitable tensions, and in that way will help us step past theoretical exegeses suggesting the possibility of simple answers.