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federal government. The judiciary has no power to make laws or to carry them out. However, judges have an important role in deciding what the law is and
politicians [and, the authors might have added, their lawyers] respond by skirting the new law and designing new forms of dealing that permit business as
Categorical federalism’s method first assumes that a particular rule of law regulates a single aspect of human action: Laws are described as about
the yale law journal 124:6 44 20 14 702 activity in relation to the fair and orderly administration of the laws which it was the purpose of
basic value in the law of democracy and as the foundation for a new theory that helps reconcile approaches to race, representation, and political
“special injury,” “beyond that ordinarily incurred in defending a lawsuit.” Id. the yale law journal 134:1182 2025 1250 A. Anti-SLAPP Laws Anti-SLAPP
this revolution has reached out into express lawmaking. For example, the new Uniform Trust Code law expressly and exhaustively attempts to compile
consequentialist advantages in guaranteeing lawful enforcement.”18 However, judges may nevertheless have a normative reason to defer to a law
335 THE YALE LAW JOURNAL FORUM N O V E M B E R 2 4 , 2 0 2 0 The Proceduralist Inversion–A Response to Skeel Edward J. Janger & Adam J
335 THE YALE LAW JOURNAL FORUM T K T K , 2 0 2 0 The Proceduralist Inversion–A Response to Skeel Edward J. Janger & Adam J. Levitin