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- Title
SECOND-ORDER DECISIONS IN RIGHTS CONFLICTS.
- Authors
Nelson, James D.; Schwartzman, Micah
- Abstract
The article explores the adoption of second-order decision making procedure by judges in adjudicating rights disputes. Topics discussed include the conflict-avoidance principle which may be followed to resolve hard cases, the distinction between the two forms of legal incompleteness with regard to how judges view legal sources, and the application of the cost-avoidance principle in cases concerning state public accommodations laws and federal employment discrimination law.
- Subjects
DECISION making in law; LEGAL procedure; JUDGES; CIVIL rights lawsuits; ACTIONS &; defenses (Law); EMPLOYMENT discrimination lawsuits
- Publication
Virginia Law Review, 2023, Vol 109, Issue 5, p1095
- ISSN
0042-6601
- Publication type
Article