Politics and Values or What's Really Wrong with Rationality Review

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Authors
Michelman, Frank I.
Issue Date
1980
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Journal Article
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INTRODUCTION|About four years ago, somewhere else in Nebraska, one might have heard a really marvelous lecture on the topic of "Due Process of Lawmaking." The lecturer was Hans Linde, then a law professor at the University of Oregon, since translated to that state's supreme bench. Justice Linde addressed himself to the propriety of the judicial practice of testing the constitutionality of legislative acts by examining their plausibility as means to legitimate governmental ends. His argument against the practice-which you can find reprinted in the Nebraska Law Review, and which I heartily recommend to you-is the most compelling and illuminating one I know in all the voluminous literature on this much-vexed question. Parts of it are closely akin to-though rather differently expressed from-some reasons for doubt that I shall be expressing towards the end of this essay...
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13 Creighton L. Rev. 487 (1979-1980)
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Creighton University School of Law
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