Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Politics (3)
- Jurisprudence (2)
- Law and Economics (2)
- Civil Rights (1)
- Class Analysis (1)
-
- Constitutional Law (1)
- Corporate Finance (1)
- Corporate Law (1)
- Corporations (1)
- Domination (1)
- Economics (1)
- Empirical Tests of Moral Theory (1)
- Federalism (1)
- General Law (1)
- History (1)
- Human Rights Law (1)
- Immigration Law (1)
- Insurance (1)
- Jurisdiction (1)
- Justice (1)
- Law and Equality (1)
- Law and Society (1)
- Legal Objectivity (1)
- Legal Process (1)
- Legal Theory (1)
- Marxism (1)
- Milton Fisk (1)
- Moral Objectivity (1)
- Moral Progress (1)
- Moral and Political Philosophy (1)
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Philosophy
Comment On Maccormick, William Ewald
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
All Faculty Scholarship
In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky
Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Two Models Of Legal Principles, Stephen R. Perry
Two Models Of Legal Principles, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.