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Late Thoughts on the Barron/Roberts Debate

Dave Hoffman

Dave Hoffman is the Murray Shusterman Professor of Transactional and Business Law at Temple Law School. He specializes in law and psychology, contracts, and quantitative analysis of civil procedure. He currently teaches contracts, civil procedure, corporations, and law and economics.

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3 Responses

  1. “Finally, what about the claim of Justice Aharon Barak of the Israel Supreme Court that refusal to cite to secondary authority and other aids to interpretation results in more, and not less, discretion.”

    You mean the same Justice Aharon Barak once quoted as saying the judge

    “must sometime depart the confines of his legal system and channel into it fundamental values not yet found in it”

    That Justice Aharon Barak?

  2. anon says:

    A hundred years ago, the justices relied on academic work too, it’s just that the influence was less transparent.

    The justices depend on the lawyers appearing before the Court to marshal the relevant authorities. The practicing bar didn’t cite law review articles a hundred years ago because law reviews were brand new and sparsely populated at that time.

    That doesn’t mean that the legal academy was ignored. Professors produced treatises that were very influential. The justices didn’t just go out and find all those English and state cases Berring mentions. The lawyers appearing before the Court brought them to the Court’s attention. Those lawyers in turn found those authorities from the leading treatises of the day.

  3. G.Mary says:

    Dear Brother in Christ,

    Greetings to you in the most precious name of our Lord and Savior Jesus Christ. I would like to Introduce my self to you my name is G. Mary, working for the Lord as Bible women among Hindu people. My husband name is G. Dorababu; he is working for the Lord as a Pastor among Hindu community.

    When I was a 14 years girl I dedicated my life for the Lord , I always think of marry the person who stand’s for the Lord, God heard of my cry and He led my parents to know Pastor G.Dorababu , and they performed our wedding .

    MY husband and I doing ministry among Hindu people, we focus our light towards children, old aged people, and perishing souls. We have been facing so many problems just for the cause of preaching gospel among Hindu people. My husband and I wish to have some activates from our church in order to save the Hindu people and to stand fore the needy.

    As I know a little English Knowledge I want let some of our Christian brothers know, so that I contact you. We pray if you wish to see some of our ministry activates by pictures we shall send them, if God inspired you please obey to Him, because I believe in God that he would answer of our prayer . Please support us with prayers.

    May our good God bless you abundantly

    Your sister in Christ

    Gootla: Mary

    MY ADDRESS

    G.MARY (BIBLE WOMEN)

    W % PASTOR G: DORABABU

    GULLAVARIPETA

    RAMACHANDRAM

    PIN: 533255

    E.G.D.T, A.P,

    SOUTH INDIA