Book Review:
Grover Rees III, Cathedrals Without Walls: A View from the Outside (reviewing Guido Calabresi’s A Common Law for the Age of Statutes (1982)), 61 TEXAS L. REV. 347 (1982).
 

Abstract:
In this Book Review, Professor Rees argues that Professor (now Judge) Calabresi’s book, while offering useful commentary on the tension between statutory and judge-made law, does not focus enough on constitutional law and places more confidence in judicial decision-making than Rees would. Rees’s main concern is statutory obsolescence. He fears that judges too often run roughshod over statutes by distinguishing them with unsound doctrine. While Calabresi attempts to provide some guidance for sorting out the tension between obsolete statutes and the ability of judges to promulgate common law, Rees desires a greater focus on constitutional law and the consequences of Calabresi’s arguments for it.