The Formulaic Constitution

Nagel, Robert F.

doi:10.2307/1289064

Michigan Law Review

1985

DOI: 10.2307/1289064

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The Formulaic Constitution

Robert F. Nagel¹

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Cited by 8 publications

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“…See generallyVoon (2006). 15 The arresting analysis ofNagel in Nagel (1985) should be obligatory reading for all judges. 16 E.g., Recital 256.80 D O U G L A S A. I R W I N A N D J O S E P H W E I L E R…”

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confidence: 99%

Measures Affecting the Cross-Border Supply of Gambling and Betting Services (DS 285)

Irwin

Weiler

2008

World Trade Review

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The controversial gambling decision of the Appellate Body is mostly important because of examination of the nature of Access under Article XVI GATS, the relationship of that Article to Articles XIV and XVII GATS, and the parallels with Articles III, XI, and XX GATT. Notably, the Appellate Body took the position that an apparant internal regulatory measure, which, nonetheless, had equivalent effect to a zero quota, violated Article XVI GATS. A similar measure in the area of goods would have been examined under Article III GATT and require a showing of discrimination. The facts of the case would have allowed the decision to be based on Article XVII GATS. Most of this paper deals with this issue. We agree with this interpretation of Article XVI by the Appellate Body but are critical of its hermeneutics, suffering from a textual fetish and a policy phobia. Some other elements in the decision are also examined critically.

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confidence: 99%

Measures Affecting the Cross-Border Supply of Gambling and Betting Services (DS 285)

Irwin

Weiler

2008

World Trade Review

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Three Versions of Liberal Tolerance: Dworkin, Rawls, Raz

Meyerson

2012

Jurisprudence

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Does It Matter What We Say About Legal Interpretation?

Petroski

2011

SSRN Journal

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Despite a common interest in justifying their scholarly output, legal academics have resisted seeing how their work is molded by the institutional environment in which it is produced, and not just by legal doctrine, ideology, or individual perspectives. This paper presents a case study from this neglected perspective, considering the shape of scholarship on legal interpretation in light of the social conditions of its production. After a brief discussion of the debates over whether scholarship (and which scholarship) matters, the paper explores how such concerns are addressed in various academic accounts of scholars' textual practices. It then offers some initial conclusions from an original study of the 154 most-cited articles on legal interpretation published in American law reviews. Early framings of the subject shaped later work in familiar ways. But the patterns disclosed by the citation relationships among the articles suggest some surprising conclusions. Scholars working in the area seem to understand their contributions in a way that is at odds with the institutional dynamics of their efforts. These patterns further indicate that legal academics' failure to develop a specifically legal scholarly discourse, in some respects a strength of legal scholarship, may carry seldom-noted risks in work on this topic.

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The Formulaic Constitution

Cited by 8 publications

References 0 publications

Measures Affecting the Cross-Border Supply of Gambling and Betting Services (DS 285)

Measures Affecting the Cross-Border Supply of Gambling and Betting Services (DS 285)

Three Versions of Liberal Tolerance: Dworkin, Rawls, Raz

Does It Matter What We Say About Legal Interpretation?

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