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"Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policymaking. Instead of simply seeing judges as rivals to legislators, scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. The first book-length study of legislative deference to the courts, Legislative Deferrals offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy."--Jacket.
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Subjects
Judge-made law, Legislative power, Political questions and judicial power, Separation of powers, Droit créé par le juge, Politique et pouvoir judiciaire, Gewaltenteilung, Séparation des pouvoirs, Gesetzgebung, Pouvoir judiciaire, Demokratie, Pouvoir législatif, Law, united statesPlaces
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Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy
2010, Cambridge University Press
in English
0521168708 9780521168700
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Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy
2009, Cambridge University Press
in English
0511509871 9780511509872
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3
Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy
2004, Cambridge University Press
in English
0511055862 9780511055867
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4
Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy
2003, Cambridge University Press
in English
0511204825 9780511204821
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5
Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy
2003, Cambridge University Press
in English
0511070659 9780511070655
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6
Legislative Deferrals: Statutory Ambiguity, Judicial Power, Andamerican Democracy
2003, Cambridge University Press
in English
1280436638 9781280436635
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7
Legislative deferrals: statutory ambiguity, judicial power, and American democracy
2003, Cambridge University Press
in English
052182415X 9780521824156
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8
Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy
2003, Cambridge University Press
in English
0511062192 9780511062193
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