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T HOUGHTFUL observers have long recognized, and generally accepted, the fact that the Anglo-American tradition of judicial review often forces judges to assume a policy-making role. This function results, in part, from the conviction that older precedents should be periodically re-evaluated in the contemporary context. In certain areas, however, the primary policy-making responsibility rests with the legislature. Taxation is an example; discussion of a tax problem should proceed from the pertinent revenue act itself.

Flight Insurance and Federal Taxation: A Critical Examination of the Noel Case