Law Commons^™

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

All Faculty Scholarship

No abstract provided.

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …

Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

All Faculty Scholarship

No abstract provided.

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

All Faculty Scholarship

No abstract provided.

"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin

All Faculty Scholarship

No abstract provided.

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …

Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

An important idea, which characterizes law in society, is a reluctance to move from the status quo. In general, one can argue that legal institutions and legal doctrine are not engaged in the redistribution of wealth from one party to another. This paper explores a possible explanation for that principle. The authors' research suggests that, across a wide range of entitlements and in a variety of contexts, individuals value losses more than foregone gains. The paper argues, as a matter of efficiency, that law and social policy might have developed in a manner consistent with this valuation disparity. Furthermore, this …

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill

All Faculty Scholarship

No abstract provided.

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Of Persons And Property: The Politics Of Legal Taxonomy, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The essay falls into three major parts. In the first part, we explain and describe what we believe to be the core idea of law - that it represents a discursive and taxonomic economy which is used to give meaning to the world by creating a particular and partial reality. The concepts and language lawyers use, the way those media are deployed, the argumentative devices relied upon, and the values inculcated combine in conscious and unconscious ways to constitute law and a legal style of life. In part two, we tell two stories. One involves the Supreme Court's treatment of …

Regulating Regulators: The Legal Environment Of The State, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper I focus on the ability of tort law to reduce primary costs, or losses associated with the number and seriousness of accidents. In one sense I will be analysing the state as if it were a private firm in which losses suffered by private individuals and firms are externalities. Several years ago Mark Spitzer wrote a paper on this topic in which he posited several models of state activity and analysed the incentive effects of liability rules in each case. In my view Spitzer's general conclusion - the rule which may be synthesized from all of the …

Suing The State, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

As one examines the ways in which we have chosen to respond to claims of individuals and firms to compensation from the federal administration, one is immediately struck by the rapid rate of growth in the number of claims and the magnitude of the compensation that has been sought in recent years. What is even more dramatic, however, is the shift in the focus of our attention away from low-level bureaucratic activity, and towards alleged administrative failures to ensure air traffic safety, combat international terrorism, regulate financial institutions, protect the interests of businesses in international trade negotiations, privatize the delivery …

Unger's Philosophy: A Critical Legal Study, William Ewald

All Faculty Scholarship

Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.

Reply To Cornel West, William Ewald

All Faculty Scholarship

No abstract provided.

The Costs Of Complexity, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George

All Faculty Scholarship

No abstract provided.

Structure Of Labor Relations, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews

All Faculty Scholarship

No abstract provided.

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.

Book Reviews, Jay W. Murphy (Reviewer), Edmund M. Morgan (Reviewer), Reginald Parker (Reviewer)

Vanderbilt Law Review

Readings in Jurisprudence and Legal Philosophy

By Morris R. Cohen and Felix S. Cohen

New York: Prentice-Hall, Inc., 1951. Pp. viii, 944, $8.50

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Jurisprudence: Men and Ideas of the Law

By Edwin W. Patterson

Brooklyn: The Foundation Press, Inc., 1953. Pp. viii, 649.

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Jurisprudence -- Its American Prophets

By Harold Gill Reuschlein

Introduction by Roscoe Pound

Indianapolis: The Bobbs-Merrill Company, Inc., 1951. Pp. xii, 527, $7.50

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Law and Society in Evolution

By Sidney Post Simpson and Julius Stone

Introduction by Roscoe Pound

St. Paul: West Publishing Co.,1948. Pp. xlvi, 692

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Law in Modern Democratic Society

By …

Jural Relations, T. W. Arnold

West Virginia Law Review

No abstract provided.

The Social Interest In The Aesthetic And The Socialization Of The Law, T. P. H.

West Virginia Law Review

No abstract provided.