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Articles 1 - 30 of 32
Full-Text Articles in Entire DC Network
The Duty To Obey The Law, David Lefkowitz
The Duty To Obey The Law, David Lefkowitz
Philosophy Faculty Publications
Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
San Diego International Law Journal
This Essay aims to examine some of the common elements of law and economics and the Brisker method that have contributed to their success as intellectual movements. Toward that end, the Essay compares the founding principles of these movements, exploring similarities in their essential characteristics. Part I presents and analyzes representative examples of the conceptual approach underlying each of these methods. Drawing on these and other examples of each method, Part II observes that the success of the methods stems in part from their common reliance on historical antecedents as well as their emphasis on conceptual frameworks broadly applicable within …
Marriage And The Elephant: State Regulation Of Intimate Relationships Between Adults , Maxine Eichner
Marriage And The Elephant: State Regulation Of Intimate Relationships Between Adults , Maxine Eichner
ExpressO
This essay considers the current debate in legal theory over the future of marriage. Should the state, as some scholars argue, privilege marriage because of the benefits it provides to society? Or should it, as others argue, distance itself from relationships between adults on the ground that adults should be left to order their own affairs? The essay argues that scholars involved in this debate have reached such diametrically different conclusions from one another because each side has focused on a particular, narrow range of goods at issue in these relationships. Relationships between adults, however, implicate a number of important …
Resisting Deep Capture: The Commercial Speech Doctrine And Junk-Food Advertising To Children, David Yosifon
Resisting Deep Capture: The Commercial Speech Doctrine And Junk-Food Advertising To Children, David Yosifon
Faculty Publications
The present Article is more precisely dedicated to analyzing, from a critical realist perspective, the wisdom and constitutional viability of one possible policy response to the obesity crisis: a ban on junk-food advertising to children.
This Article seeks not only to show that an effective junk-food advertising ban could pass constitutional scrutiny, but also to demonstrate, through the rigor of a constitutional analysis, the wisdom of such an approach to this substantial social problem. Simultaneously, my purpose is to show, in the context of a difficult First Amendment question, that the critical realist approach to legal theory is capable of …
The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove
The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove
Michigan Law Review
What is the most widely read work of jurisprudence by those in the legal system? Is it H.L.A. Hart's The Concept of Law? Ronald Dworkin's Law's Empire? No. It is actually the Multistate Bar Exam ("Bar Exam"). Perhaps no other work on law has been so widely read by those in the legal profession. Although the precise text of the Bar Exam is different every year, it presents a jurisprudence that transcends the specific language of its text. Each year, thousands of lawyers-to-be ponder over it, learning its profound teachings on the meaning of the law. They study …
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
Eric A. Engle
Outlines the jurisdictional and procedural obstacles to alien tort claims and claims under the torture victims's protection act and presents solutions to them.
Responsibility For Historical Injustices: Reconceiving The Case For Reparations, Amy J. Sepinwall
Responsibility For Historical Injustices: Reconceiving The Case For Reparations, Amy J. Sepinwall
Amy J. Sepinwall
Two opposing conceptions of responsibility animate the debate about reparations for slavery. Opponents of reparations espouse an individualist conception, and hold that one may be held responsible only for an action in which she participated directly, and only to the extent that her contribution caused harm. Since no contemporary citizen participated in slavery, opponents conclude that no contemporary citizen has a duty of repair. Supporters of reparations, or reparationists, adopt or develop theories of collective responsibility, according to which responsibility attaches to a group first and foremost, and then gets ascribed to the group's members derivatively. Reparationists thus argue that, …
What Is The Internal Point Of View?, Scott J. Shapiro
What Is The Internal Point Of View?, Scott J. Shapiro
Fordham Law Review
No abstract provided.
Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky
Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter
The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter
Fordham Law Review
No abstract provided.
Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel
Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel
Fordham Law Review
No abstract provided.
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort
Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort
Fordham Law Review
No abstract provided.
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
Fordham Law Review
No abstract provided.
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Fordham Law Review
No abstract provided.
Are Constitutional Norms Legal Norms?, Jeremy Waldron
Are Constitutional Norms Legal Norms?, Jeremy Waldron
Fordham Law Review
No abstract provided.
Against Interpretive Obligation (To The Supreme Court), Abner S. Greene
Against Interpretive Obligation (To The Supreme Court), Abner S. Greene
Fordham Law Review
No abstract provided.
Rules, Standards, And The Internal Point Of View, Dale A. Nance
Rules, Standards, And The Internal Point Of View, Dale A. Nance
Fordham Law Review
No abstract provided.
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Fordham Law Review
No abstract provided.
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry
Fordham Law Review
No abstract provided.
A Tale Of Two Trajectories, Cynthia A. Williams
A Tale Of Two Trajectories, Cynthia A. Williams
Fordham Law Review
No abstract provided.
Hobbes And The Internal Point Of View, Claire Finkelstein
Hobbes And The Internal Point Of View, Claire Finkelstein
Fordham Law Review
No abstract provided.
A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha
A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha
Fordham Law Review
No abstract provided.
Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton
Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton
Fordham Law Review
No abstract provided.
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Fordham Law Review
No abstract provided.
The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky
The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Federal Criminal "Code" Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan
The Federal Criminal "Code" Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
Any discussion of federal penal law must begin with an important caveat: There actually is no federal criminal "code" worthy of the name. A criminal code is defined as "'a systematic collection, compendium, or revision' of laws." What the federal government has is a haphazard grab-bag of statutes accumulated over 200 years, rather than a comprehensive, thoughtful, and internally consistent system of criminal law. In fact, the federal government has never had a true criminal code. The closest Congress has come to enacting a code was its creation of Title 18 of the United States Code in 1948. That "exercise, …
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Scholarly Works
Of the various movements that have surfaced in American legal theory in recent decades, law and economics has emerged as perhaps the most influential, leading some to characterize it as the dominant contemporary mode of analysis among American legal scholars. In this essay, Levine considers law and economics in the context of a comparative discussion of another prominent intellectual legal movement, the Brisker method of Talmudic analysis, which originated in Eastern Europe in the late nineteenth century and quickly developed into a leading method of theoretical study of Jewish law. The Brisker method takes its name from the city of …
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Fordham Urban Law Journal
The article begins by discussing the difficulties of proving consistency within a formal legal system generally. After establishing the importance of a formalized legal model as a prerequisite of rigorous examination of consistency, it proceeds to investigate issues intrinsic to the current system of law that may prevent formalization of a just legal system as currently conceived. The article argues that flexibility inherent in a just legal system may foreclose the possibility of legal formalization or any comprehensive model thereof. The article concludes, however, that a model whose purpose is the examination of consistency within a system need not necessarily …
Hamdan V. Rumseld: The Legal Academy Goes To Practice, Neal K. Katyal
Hamdan V. Rumseld: The Legal Academy Goes To Practice, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Hamdan v. Rumsfeld is a rare Supreme Court rebuke to the President during armed conflict. The time is not yet right to tell all of the backstory of the case, but it is possible to offer some preliminary reflections on how the case was litigated, the decision, and its implications for the oft-noticed divide between legal theory and practice.
In a widely cited article, Judge Harry Edwards lamented "the growing disjunction between legal education and the legal profession," claiming that "many law schools. .. have abandoned their proper place, by emphasizing abstract theory at the expense of practical scholarship and …