Flying without a Statutory Basis: Why McDonnell-Douglas is Not Justified by Any Statutory Construction Methodology

Statutory or Voluntary

once again that ways and means have got to be found to produce a real economy in public current expenditure. Enormous programmes of building have been sapping our national finances. Th^ serious and backward structural conditions of very many of the hospitals taken over under the National Health Act in 1948, and especially the hospitals for the mentally ill, will and mus* continue to absorb a la...

Statutory Retirement Age and

As societies age, pension reforms become a central issue. One proposition is to extend worklife. However, due to the endogenous depreciation of human capital in many countries the effective retirement age is even below the present statutory retirement age. We analyze this effect in a putty-putty human capital vintage model where the economic retirement age is endogenous. While a higher rate of ...

Why Abstention Is Not Illegitimate: an Essay on the Distinction between “legitimate” and “illegitimate” Statutory Interpretation and Judicial Lawmaking

When Professor Martin Redish condemned abstention doctrines as violating norms of “institutional legitimacy,” he provoked an informative debate, but one that has largely subsided. This Essay revisits the once-heated debate about abstention’s legitimacy, clarifies its terms, and identifies its stakes. The legitimacy question is not whether abstention decisions are legally correct, but whether ap...

Unconstitutionally Excessive Statutory Damage Awards

Broad statutory language is not ambiguous: the Americans with Disabilities Act applies in state prisons.