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Full-Text Articles in Law
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Michigan Law Review
Property was dead, to begin with. The coroner, Wesley Newcomb Hohfeld, revealed that the unity, tangibility, and objectivity of property perceived by our ancestors was a phantom. Property is, in fact, merely a "bundle of sticks." When conceptualized as a collection of rights, property loses its distinctive qualities and its essence. It therefore does not, or at least should not, exist. Without unity and physicality, property loses its objectivity and can only be a myth. The rabble might still believe in the old gods of property, but the educated "specialists" now know that this was vulgar superstition. Once the populace …
A More Democratic Liberalism, Joshua Cohen
A More Democratic Liberalism, Joshua Cohen
Michigan Law Review
A Review of Political Liberalism
The Anatomy Of Antiliberalism, Jeffrey R. Costello
The Anatomy Of Antiliberalism, Jeffrey R. Costello
Michigan Law Review
A Review of The Anatomy of Antiliberalism by Stephen Holmes
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Michigan Law Review
A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick
West On Story And Theory, L. H. Larue
West On Story And Theory, L. H. Larue
Michigan Law Review
A Review of Narrative, Authority, and Law by Robin West
Transcendental Deconstruction, Transcendent Justice, J. M. Balkin
Transcendental Deconstruction, Transcendent Justice, J. M. Balkin
Michigan Law Review
A meaningful encounter between two parties does not change only the weaker or the stronger party, but both at once. We should expect the same from any encounter between deconstruction and justice. It might be tempting for advocates of deconstruction to hope that deconstruction would offer new insights into problems of justice, or, more boldly, to assert that "the question of justice" can never be the same after the assimilation of deconstructive insights. But, as a deconstructionist myself, I am naturally skeptical of all such blanket pronouncements, even - or perhaps especially - pronouncements about the necessary utility and goodness …
Objectivity In Legal Judgement, Heidi Li Feldman
Objectivity In Legal Judgement, Heidi Li Feldman
Michigan Law Review
This essay unites the philosophical concern with blend concepts and the legal concern with objectivity. Comparing blend legal concepts with other kinds of blend concepts develops our resources for ascertaining the distinctive characteristics of blend concepts. Cultivating a more refined understanding of blend concepts sharpens our inquiry into objectivity. In Part I of this essay, I explicate the distinctive characteristics of blend concepts, demonstrating that some representative legal concepts, drawn from tort law, possess these characteristics. In Part II, I develop a conception of objectivity suitable for blend judgments - the blend conception of objectivity - and use this conception …