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of statu- tory interpretation. A. Absurdity as a Natural-Law Concept “[A]ll laws are to be so construed as to avoid an unjust or an absurd conclu
have an integrative effect on social actors, creating areas of overlapping agreement and—as importantly—a language of common disagreement between
immigration arrests? A common-law doctrine, the “privilege from arrest,” provides an affirmative answer. A�er locating courthouse immigration arrests as
of a surprise, then, that among the most vehement critics of Kaplow and Shavell’s project are other advocates of an economic approach to the law.5
by undertaking an analogous higher lawmaking exercise. Just as Washington and Madison gained the support of a national assembly, Article Five
anticompetitive purpose, patent assignments to a sovereign actor are anticompetitive. We argue that this “no economic sense” test is an appropriate
as to other legal authorities such as the police and administrative agencies, demonstrate that when people talk about having experienced a fair or an
also about the importance of applying, say, the National Labor Relations Act to protect Americans aboard a foreign ship in American waters, or the
as an activ- ist and undemocratic decision—a political act that defied the neutral approach to judging that the Federalist Society claimed to embrace
at 348, 381-82. Agreeing to the many restrictions on attorney speech is simply accepted and explained as “a condition of being admitted into the bar