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Jurisprudence

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Full-Text Articles in Law

The Law Review Article, Pierre Schlag Jan 2017

The Law Review Article, Pierre Schlag

Articles

What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article, then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article.

Drawing upon methodological advances and new learning far beyond anything thought previously possible, we investigate “the law review article” qua genre. What ...


Is Legal Scholarship Worth Its Cost?, Paul Campos Jan 2017

Is Legal Scholarship Worth Its Cost?, Paul Campos

Articles

No abstract provided.


My Dinner At Langdell's, Pierre Schlag Jan 2004

My Dinner At Langdell's, Pierre Schlag

Articles

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.


A Reply--The Missing Portion, Pierre Schlag Jan 2003

A Reply--The Missing Portion, Pierre Schlag

Articles

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Articles

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it ...


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

Articles

No abstract provided.


Response, Pre-Figuration And Evaluation, Pierre Schlag Jan 1992

Response, Pre-Figuration And Evaluation, Pierre Schlag

Articles

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Articles

No abstract provided.


Preface, Charles F. Wilkinson Jan 1990

Preface, Charles F. Wilkinson

Articles

No abstract provided.


The Brilliant, The Curious, And The Wrong, Pierre Schlag Jan 1987

The Brilliant, The Curious, And The Wrong, Pierre Schlag

Articles

No abstract provided.