Heyl Royster

 


Heyl Royster

 

News

Mike Schag Publishes Article in ABA Journal, Litigation

11/18/2016

Mike Schag’s article, entitled “The Heart of Institutionalism,” appeared in the Fall 2016 issue of the quarterly publication, Litigation, the widely read journal of the Litigation Section of the American Bar Association. His article addresses interpretational hermeneutics (i.e., the science of interpretation) and the validity of institutionalism in judicial decision-making. In the article he explores the delicate balance between judicial independence and institutionalism, at one point stating, “In the muddy waters of discretion, balancing, and equity, there is a place for consideration of probable consequences. In this, there is standing for the institution.”