Legislation that Isn‘t—Attending to Rulemaking‘s "Democracy Deficit"

21 Oct 2010 10:05am Peter L. Strauss 

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.

  |   VIEW PDF

META


The California Law Review is the preeminent legal publication at the UC Berkeley School of Law.
Founded in 1912, CLR publishes six times per year on a variety of engaging topics in legal scholarship.
The law review is edited and published entirely by students at Berkeley Law.