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"Abstract: There is a burgeoning literature on second opinions in professional contexts, as when patients or clients seek advice from a second doctor or lawyer. My aim, by contrast, is to analyze second opinions as a central feature of public law. I will try to show that many institutional structures, rules and practices have been justified as mechanisms for requiring or permitting decisionmakers to obtain second opinions; examples include judicial review of statutes or of agency action, bicameralism, the separation of powers, and the law of legislative procedure. I attempt to identify the main costs and benefits of these second-opinion mechanisms, to identify conditions under which they prove more or less successful, and to consider how the lawmaking system might employ such mechanisms to greater effect. I claim, among other things, that Alexander Bickel's justification of judicial review as a "sober second thought" is untenable, and that the Supreme Court should adopt a norm that two successive decisions, not merely one, are necessary to create binding law"--John M. Olin Center for Law, Economics, and Business web site.
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Subjects
Legal opinions, Law, Economic aspects, Methodology, Decision makingShowing 1 featured edition. View all 1 editions?
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Edition Notes
Title from PDF file as viewed on 8/20/2010.
Includes bibliographical references.
Also available in print.
System requirements: Adobe Acrobat Reader.
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The Physical Object
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- Created November 9, 2010
- 3 revisions
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September 25, 2020 | Edited by MARC Bot | import existing book |
August 4, 2012 | Edited by VacuumBot | Updated format '[electronic resource] /' to 'Electronic resource' |
November 9, 2010 | Created by ImportBot | Imported from Library of Congress MARC record |