10.1111/j.1467-9930.1984.tb00322.x">
 

Title

Judges and Statutes: Essays on Agent Orange

Document Type

Article

Publication Date

4-1-1984

Abstract

Judges characteristically ignore or deny the choices they make when statutes surround or underlie a case. The statute based claims of veterans exposed to Agent Orange provide both an opportunity to unearth the questions that now determine outcome and to suggest what those questions should be. Asking the questions proposed, judges would determine the extent to which uncertainty and thus real choice cannot be reduced, evaluate the potential for interaction between court and legislature on the issue, and reach the underlying value choices that are unavoidably theirs and that determine outcome.

Publication Title

Law and Policy

First Page

189

Last Page

202

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