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Articles 1 - 5 of 5

Full-Text Articles in Law

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank Apr 1998

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Hart's Methodological Positivism, Stephen R. Perry Jan 1998

Hart's Methodological Positivism, Stephen R. Perry

All Faculty Scholarship

No abstract provided.


Posner's Economic Approach To Comparative Law, William Ewald Jan 1998

Posner's Economic Approach To Comparative Law, William Ewald

All Faculty Scholarship

No abstract provided.


The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman Jan 1998

The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.


Three Positivisms, Robin West Jan 1998

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …