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Articles 1 - 4 of 4
Full-Text Articles in Law
China's Rise, The U.S., And The Wto: Perspectives From International Relations Theory, Jacques Delisle
China's Rise, The U.S., And The Wto: Perspectives From International Relations Theory, Jacques Delisle
All Faculty Scholarship
What do China’s dramatic economic rise, engagement with the World Trade Organization (“WTO”) (and other established features of the international economic legal order), and rising assertiveness in external relations tell us about China’s past and likely future relationship to status quo international economic legal institutions and the norms they instantiate? What do these developments indicate about prospects for those institutions and norms? In China’s Rise: How it Took on the U.S. at the WTO, Gregory Shaffer and Henry Gao offer, or point us toward, answers to these questions. They do so on a grander scale than their relatively modest …
Law As Instrumentality, Jeremiah A. Ho
Law As Instrumentality, Jeremiah A. Ho
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Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …
A Planet By Any Other Name . . ., Kimberly Kessler Ferzan
A Planet By Any Other Name . . ., Kimberly Kessler Ferzan
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Scientific discoveries about Pluto and the rest of the universe led scientists to question Pluto’s status and ultimately to strip Pluto of its standing among planets. Neil deGrasse Tyson’s The Pluto Files masterfully weaves together the empirical, conceptual, and cultural questions surrounding Pluto’s demotion. The problem, for scientists and spectators alike, was this: there was no scientific definition of planet. This review systematizes the Pluto puzzle presented in the book and reveals its relevance for law. The questions presented by The Pluto Files – how man relates to the world, how man understands its conceptual categories, and how man …
The Paths Of Christian Legal Scholarship, David A. Skeel Jr.
The Paths Of Christian Legal Scholarship, David A. Skeel Jr.
All Faculty Scholarship
The history of twentieth century Christian legal scholarship– really, the absence of Christian legal scholarship in America’s elite law schools– can be told as a tale of two emblematic clashes: the first an intriguing historical footnote, the second a brief, explosive war of words. In the first, a tort action in Nebraska circa 1890,William Jennings Bryan and Roscoe Pound served as opposing counsel; the second was a war of words in the 1940s between a group of neo-Thomist scholars and defenders of Oliver Wendell Holmes. Using these two incidents to frame as a starting point, this essay briefly chronicles the …