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Article: The misguided renaissance of social choice.
- Article from:
- The Yale Law Journal
- Article date:
- March 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Professor Stearns explores the implications of social choice theory and Arrow's Theorem for the Supreme Court and Congress and develops a framework with which to assess social-choice-based normative proposals to expand judicial review and to modify congressional practices. The analysis demonstrates that most such proposals fall Prey to one or more of three analytic errors: (1) the nirvana fallacy, the failure to recognize that Arrow's Theorem Proves that every collective decisionmaking body bears some Arrovian imperfections; (2) the isolation fallacy, the failure to recognize that by working collectively, the institutions under review enhance their rationality; and (3) the ...
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