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Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, this book answers two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyzes how courts should choose amongst them, and proposes techniques for rendering deference practicable.
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