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Full-Text Articles in Law
Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag
Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag
Publications
After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented--that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law's empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see …
A Reply--The Missing Portion, Pierre Schlag
Justice White And Judicial Review, Philip J. Weiser
Justice White And Judicial Review, Philip J. Weiser
Publications
No abstract provided.
Politics And Denial, Pierre Schlag
The Empty Circles Of Liberal Justification, Pierre Schlag
The Empty Circles Of Liberal Justification, Pierre Schlag
Publications
No abstract provided.
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Foreword: Postmodernism And Law, Pierre Schlag
Meeting The Enemy, Robert F. Nagel