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Judges and Statutes: Essays on Agent Orange
Author(s) -
LINDGREN JANETS.
Publication year - 1984
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.1984.tb00322.x
Subject(s) - statute , agent orange , outcome (game theory) , legislature , legislative intent , political science , statute of limitations , law , law and economics , psychology , economics , microeconomics
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.