Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

1995

Abstract

This Essay begins by examining whether more precise codification of statutory scope of review language will actually bring about a greater degree of determinacy in judicial decisions, and explains the reasons why indeterminacy currently exists. The proposed Shapiro and Levy standard is discussed next, as is their reliance on public choice theory to explain judicial behavior. Finally, this Essay concludes that while Shapiro and Levy raise interesting points, their quest for judicial determinacy is misguided.

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