Law Commons^™

Appraising The Progressive State, Herbert J. Hovenkamp

All Faculty Scholarship

Since it origins in the late nineteenth century, the most salient characteristics of the progressive state have been marginalism in economics, greatly increased use of scientific theory and data in policy making, a commitment to broad participation in both economic and political markets, and a belief that resources are best moved through society by many institutions in addition to traditional markets.. These values have served to make progressive policy less stable than classical and other more laissez faire alternatives. However, the progressive state has also performed better than alternatives by every economic measure. One of the progressive state’s biggest vulnerabilities …

The Constitution's Political Deficit, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Levinson has wisely called for an extended conversation regarding the possibility and desirability of a new Constitutional Convention, which might be called so as to correct some of the more glaring failings of our current governing document. Chief among those, in his view, are a handful of doctrines that belie our commitment to democratic self-government, such as the two-senators-per-state makeup of the United States Senate and the Electoral College. Perhaps these provisions once had some rhyme or reason to them, but, as Levinson suggests, it is not at all clear that they do now. They assure that our legislative …

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Scholarly Works

Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to engage in consensus-building dialogue around contested issues.

However, while …

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Cornell Law Faculty Publications

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Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog

Reviews

In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …

The Descent Of Political Theory And The Limitations Of Legal Tolerance, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

Review Of Transforming Political Discourse, Donald J. Herzog

Reviews

Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

An Astonishing Political Innovation: The Origins Of Judicial Review, Barbara Aronstein Black

Faculty Scholarship

It is a very great honor to be here today participating in the Third Circuit Judicial Conference and in the celebration of our two hundred years of government under the remarkable document that we call the Constitution of the United States. Philadelphia is indeed today the center of the universe and I am delighted to be here.

In addressing the topic assigned to me, "The Origins of Judicial Review," I will take my cue, in fact my text, from Judge Pollak, who, in a letter to me, suggested that I "draw in broad strokes the legal historical landscape in which …

Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.

Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Unification Of Political And Legal Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall

Articles by Maurer Faculty

No abstract provided.