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Article
Understanding Legal Redundancies
Texas Law Review, See Also (2016)
  • Alex Stein
Abstract
This short essay responds to John M. Golden, Redundancy: When Law Repeats Itself, 94 Texas L. Rev. 629 (2016), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2754266. I begin the essay with evaluating Professor Golden’s pioneering account that identifies, categorizes, and explains overlapping rules and institutional practices that pervade our legal system. I commend this account for its contributions to legal theory along a number of dimensions that include common law, statutory interpretation, and economics of legal rules. I then move on to supplement this account by identifying and analyzing puzzling redundancies in evidence law and in the constitutional doctrine of equal protection. Lastly, I introduce an equality constraint for redundancies that function as backup protections against errors in civil cases. I argue that lawmakers should distribute those protections equally across plaintiffs and defendants.
Keywords
  • redundancies,
  • legal theory,
  • economic analysis of law,
  • evidence,
  • torts,
  • constitutional law
Publication Date
Spring April, 2016
Citation Information
Alex Stein. "Understanding Legal Redundancies" Texas Law Review, See Also Vol. 94 (2016)
Available at: http://works.bepress.com/alex_stein/63/