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Full-Text Articles in Law
Holmes' Failure, Louise Weinberg
Holmes' Failure, Louise Weinberg
Michigan Law Review
I have just set down the March 1997 Harvard Law Review, with its centennial celebration of Oliver Wendell Holmes' The Path of the Law. The Path of the Law is a grand thing, in my view Holmes' best thing. But just the same, I find myself surprised that on this occasion none of its celebrants raised what has always seemed to me a weakness of the piece, and of Holmes' much earlier book, The Common Law. This is a weakness that is at once a reflection and a forecast of the failure of its author. Writers today do seem to …
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
Articles
It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …