Managerial Judging and Substantive Law

Authors

Tobias Barrington Wolff, University of Pennsylvania Law School

Publication Title

Washington University Law Review Commentaries

Comments

Full text available at: http://digitalcommons.law.wustl.edu/lawreview/vol90/iss3/12.

History of online publication as a Washington University Law Review Commentary unavailable.

Publication Date

1-1-2013

Abstract

In this Article, I examine the interface between substantive law and managerial judging. My aim is not to criticize the dominant strain of current scholarship, with its focus on endogenous values in the practice of judging. That work has posed important questions that have properly captured the attention of Academy, Bar and Bench. It is rather to ground that ongoing discussion in a richer account of the role that substantive legal policy can and should play in defining the role of the judge, constraining judicial options in some cases, and legitimizing judicial initiative in others.

Recommended Citation

Tobias Barrington Wolff, Managerial Judging and Substantive Law, Wash. U. L. Rev. Commentaries (January 1, 2013), https://openscholarship.wustl.edu/law_lawreview_commentaries/22