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Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Articles
No abstract provided.
Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein
Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein
Articles
No abstract provided.
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
Articles
No abstract provided.
Bills Of Rights And Regression To The Mean, Frank H. Easterbrook
Bills Of Rights And Regression To The Mean, Frank H. Easterbrook
Articles
No abstract provided.
Property And The Politics Of Distrust, Richard A. Epstein
Property And The Politics Of Distrust, Richard A. Epstein
Articles
No abstract provided.
Stances, Anthony V. Alfieri
Gender Is For Nouns, Richard A. Epstein
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
Articles
No abstract provided.
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Articles
David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
Articles
This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …