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Articles 1 - 12 of 12
Full-Text Articles in Law
Towards A History Of Essential Federalism: Another Look At Owen In America, Carol Weisbrod
Towards A History Of Essential Federalism: Another Look At Owen In America, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina
How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina
Cornell Law Faculty Publications
No abstract provided.
Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia R. Farina
Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia R. Farina
Cornell Law Faculty Publications
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
Articles
A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …
The Importance Of Not Being Ernest, Allan C. Hutchinson
The Importance Of Not Being Ernest, Allan C. Hutchinson
Articles & Book Chapters
Formalists have long tried to develop a legal theory, based on the internal rationality of law, which would free it from the influences of instrumentality and ideology. Focussing on the philosophical proposals of Ernest Weinrib, the author argues that this goal is both illusory and undesirable. Weinrib's theory assumes rather than proves the existence of this rationality, which is simply defined as an interrelationship between form and content. In order to maintain the coherence of this fragile relationship, Weinrib is either forced to articulate his theory on such a level of abstration so as to be irrelevant or to reintroduce …
Nomos And Thanatos (Part A), The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin Frsc
Nomos And Thanatos (Part A), The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The essay is to be published in two parts. Part A, "The Killing Fields .. . ", is a criticai inquiry into the way in which the "disciplines" of law and legal theory rationalize violence. I begin my discussion with a Celtic triptych - a series of three narratives - that is designed to provide the reader with some background information in order that he or she may acquire a sense of the perspective and experiential context from which this essay emerges.
Next, I briefly outline the central role which violence has played in structuring our received tradition of jurisprudential …
Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias
Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias
Law Faculty Publications
The public interest litigant is no longer a nascent phenomenon in American jurisprudence. Born of the need of large numbers of people who individually lack the economic wherewithal or the logistical capacity to vindicate important social values or their own specific interests through the courts, these litigants now participate actively in much federal civil litigation: public law litigation. Despite the pervasive presence of public interest litigants, the federal judiciary has accorded them a mixed reception, particularly when applying the Federal Rules of Civil Procedure. Many federal courts have applied numerous Rules in ways that disadvantage public interest litigants, especially in …
Public Rights In The Navigable Streams Of New York, John A. Humbach
Public Rights In The Navigable Streams Of New York, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This paper provides a comprehensive survey of the New York judicial decisions bearing on the public's right to use the state's navigable streams and waterways. The cases have been organized into a logical framework, in outline form, in order to give future researchers ready access to the relevant judicial materials. Wherever possible, the main thrust of the cases has been presented in the court's own words. Brief narrative summaries of the case law are provided under the main outline headings. An attempt has been made to include a reference to every New York case relevant to public use of freshwater …
Are Constitutional Cases Political?, Brian Slattery
Are Constitutional Cases Political?, Brian Slattery
Articles & Book Chapters
To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …
Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman
Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman
All Faculty Scholarship
No abstract provided.
Law, Literature, And The Celebration Of Authority, Robin West
Law, Literature, And The Celebration Of Authority, Robin West
Georgetown Law Faculty Publications and Other Works
Richard Posner's new book, Law and Literature: A Misunderstood Relation, is a defense of “liberal legalism” against a group of modern critics who have only one thing in common: their use of either particular pieces of literature or literary theory to mount legal critiques. Perhaps for that reason, it is very hard to discern a unified thesis within Posner's book regarding the relationship between law and literature. In part, Posner is complaining about a pollution of literature by its use and abuse in political and legal argument; thus, the “misunderstood relation” to which the title refers. At times, Posner suggests …