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Full-Text Articles in Law
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Liberalism's Ambivalence, Anne Dailey
Liberalism's Ambivalence, Anne Dailey
Faculty Articles and Papers
This short comment on Nomi Stolzenberg's symposium paper, Liberalism in Love (28 Quinnipiac L. Rev. 593 (2010)), addresses the enduring conflict between rationalism and romanticism as it manifests itself in law. In psychology, the cognitive/behavioral revolution has brought about a dramatic decline in the prominence of psychoanalytic research and therapy. But I argue that this conquest should be seen more in terms of an ambivalence. In law, rationalist ideas about the self and individual decision making necessarily coexist with more romantic ideas about identity and selfhood. Nomi Stolzenberg's essay moves us to think about law in integrated terms: not defined …
Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz
Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz
Faculty Articles and Papers
H. L. A. Hart’s well known attempt to show that a legal system need not satisfy moral standards to be such, and thereby to disprove the alleged thesis of natural lawyers that a wicked law is no law at all, apparently assumes the fact-value dichotomy in its most radical formulation. As part of his project, Hart advanced a putatively value-neutral analysis of legal obligation that holds distinct attraction even for those who question Hart’s broader project. My paper argues that a less extreme view of the fact-value dichotomy would have excused Hart from defending his view of legal obligation in …
Thoughts On Corrective Justice, Stephen Utz
Thoughts On Corrective Justice, Stephen Utz
Faculty Articles and Papers
No abstract provided.
Liberalism And Republicanism: In Federal Indian Law, Bethany Berger
Liberalism And Republicanism: In Federal Indian Law, Bethany Berger
Faculty Articles and Papers
This essay shows the ways that, despite apparent contradictions, tribal claims fit within the liberal and republican strands of American democratic theory. Critics of tribal sovereignty and, I believe, the modern Supreme Court, are influenced by the seeming conflict between tribal interests and a liberal philosophical framework. I argue that properly understood, most tribal claims do fit within classical liberal theory, with its emphasis on equality and freedom. It is true that some tribal claims are distinctly those of groups or peoples, and so cannot be adequately captured by an individualist liberal framework. Drawing on the later work of John …
National Culture In Post-National Societies, Ángel Oquendo
National Culture In Post-National Societies, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
It's Conflict All The Way Down, Michael Fischl
It's Conflict All The Way Down, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Folk Psychology And Legal Understanding, Robert Birmingham
Folk Psychology And Legal Understanding, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Holmes And The Romantic Mind, Anne Dailey
Holmes And The Romantic Mind, Anne Dailey
Faculty Articles and Papers
No abstract provided.
From Odysseus To Capgras: Seven Episodes Of Personal Identity In Law, Robert Birmingham
From Odysseus To Capgras: Seven Episodes Of Personal Identity In Law, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Proving Miracles And The First Amendment, Robert Birmingham
Proving Miracles And The First Amendment, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The Question That Killed Critical Legal Studies, Michael Fischl
The Question That Killed Critical Legal Studies, Michael Fischl
Faculty Articles and Papers
No abstract provided.
A Study After Cardozo: De Cicco V. Schweizer, Noncooperative Games, And Neural Computing, Robert Birmingham
A Study After Cardozo: De Cicco V. Schweizer, Noncooperative Games, And Neural Computing, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Lawyers And Conscience, Thomas Morawetz
Lawyers And Conscience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Efficiency, Morality, And Rights: The Significance Of Cleaning Up, Thomas Morawetz
Efficiency, Morality, And Rights: The Significance Of Cleaning Up, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz
Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham
Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Retributivism And Justice, Thomas Morawetz
Retributivism And Justice, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham
Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
A Utilitarian Theory Of Judicial Decision, Thomas Morawetz
A Utilitarian Theory Of Judicial Decision, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Remarks On Probability In Law: Mostly, A Casenote And A Book Review, Robert Birmingham
Remarks On Probability In Law: Mostly, A Casenote And A Book Review, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
On What A Rule Is, Robert Birmingham
On What A Rule Is, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Commentary: The Rules Of Law And The Point Of Law, Thomas Morawetz
Commentary: The Rules Of Law And The Point Of Law, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Indiana University Seminar In Jurimetrics, Robert Birmingham
Indiana University Seminar In Jurimetrics, Robert Birmingham
Faculty Articles and Papers
No abstract provided.