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Articles 1 - 6 of 6
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 …
Truth About Secured Financing , Robert E. Scott
Truth About Secured Financing , Robert E. Scott
Cornell Law Review
No abstract provided.
Comparing Precedent , John Bell
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 …
Border Patrol: Reflections On The Turn To History In Legal Scholarship, Laura Kalman
Border Patrol: Reflections On The Turn To History In Legal Scholarship, Laura Kalman
Fordham Law Review
No abstract provided.
Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro
Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro
Faculty Articles and Other Publications
Pervasive government regulation, together with its general unpopularity, poses important questions for our polity: Can sense be made out of the seeming chaos of government programs? What are the costs and benefits of government regulation? Is the regulatory state effective in mitigating the economic and social problems that it addresses? Although administrative law scholars recognize these issues, most respond with process reforms, such as greater executive oversight or new methods of statutory interpretation, rather than by articulating substantive answers concerning what should be the substantive goals and norms of the regulatory state. Moreover, law school curricula usually ignore these systemic …