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Articles 1 - 17 of 17
Full-Text Articles in Law
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
American University Law Review
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne
From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne
Péter Cserne
No abstract provided.
A Philosophical Investigation Into Methods Of Constitutional Interpretation In The United States And The United Kingdom, Louis E. Wolcher
A Philosophical Investigation Into Methods Of Constitutional Interpretation In The United States And The United Kingdom, Louis E. Wolcher
ExpressO
Most constitutional theorists in America and Britain are primarily interested in the contents of their respective constitutions. They pay less attention (and in Britain far less attention) to the methods that judges employ to derive those contents, and almost no attention to the philosophical aspects of judges’ interpretive methods. This article attempts to redress this imbalance by giving a distinctly philosophical description of the principal methods of constitutional interpretation that judges are inclined to follow in these two countries, and by developing the important distinction between the interpretation and the reception of a constitutional text. The act of interpretation is …
Va Savoir! - The Adage "Jura Novit Curia" In Contemporary France, Douglas Brooker
Va Savoir! - The Adage "Jura Novit Curia" In Contemporary France, Douglas Brooker
ExpressO
The Civilian adage jura novit curia – the court knows the law – for all that it is well recognised in France does not receive much scrutiny. This is unusual first because some claim it expresses a fundamental principle of French law and secondly because rules and practices associated with jura novit curia are controversial. The paper remedies the scholarly deficit, scrutinising seven definitions of jura novit curia to catalogue for the first time the divergent meanings associated with the adage and to analyse their status in French law and legal culture. While many meanings are attributed to jura novit …
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
ExpressO
In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt …
Unity And Pluralism In Contract Law, Nathan Oman
Unity And Pluralism In Contract Law, Nathan Oman
Michigan Law Review
It is a cliché of contemporary legal scholarship that, in the last few decades, the study of law has witnessed a vast proliferation of competing theoretical approaches. The old faith in the careful honing of doctrinal concepts and the essential usefulness of legal analysis has given way to a cacophony of competing theoretical sects. Economists, moral philosophers, sociologists, historians, and others have stepped forward to offer the insights of this or that discipline as a new and superior path to legal enlightenment. Perhaps nowhere has this cliché been truer than in the realm of contracts scholarship, where, for a generation, …
Deferring, Frederick Schauer
Deferring, Frederick Schauer
Michigan Law Review
Many academics, upon encountering a book on deference by a leading legal theorist, would assume that the book was still another contribution to a long and prominent debate about the existence (or not) of an obligation to obey the law. But that would be a mistake. In fact, this is a book not about obligation or obedience but about deference, and it is precisely in that difference that the significance of Philip Soper's book lies. Especially in law, where the Supreme Court (sometimes) defers to the factual, legal, and even constitutional determinations of Congress and administrative agencies, where appellate courts …
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Michigan Law Review
Peter Westen's The Logic of Consent is nothing short of a tour de force. In the tradition of the very best and most significant contributions to legal theory, Professor Westen demonstrates that we do not know what we think we know about a capacity that on a daily basis turns trespasses into dinner parties, brutal batteries into football games, rape into lovemaking, and the commercial appropriation of name and likeness into biography. While we all employ claims of consent in everyday moral gossip to absolve some and withhold sympathy from others, and while courts of law across the nation commonly …
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
ExpressO
Abstract This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law in relation to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
A Racionális Döntések Elméletének Helye A Jogelméletben [How To Use Rational Choice Theory In Legal Theory?] , Peter Cserne
A Racionális Döntések Elméletének Helye A Jogelméletben [How To Use Rational Choice Theory In Legal Theory?] , Peter Cserne
Péter Cserne
No abstract provided.
Congressional Oversight Of Counterterrorism And Its Reform, Robert F. Blomquist
Congressional Oversight Of Counterterrorism And Its Reform, Robert F. Blomquist
ExpressO
No abstract provided.
Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines
Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines
Faculty Works
This article is based on the premise that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, the authors offer three structural changes that would provide a more appropriate use of the skills and talents custody evaluators bring to legal decisions: using custody evaluators in the less adversarial setting of preparing parenting plans; revising the procedures by which custody evaluations are elicited in litigation; and, adopting the approximation standard for child …
Transversal Feminism And Transcendence, Deseriee A. Kennedy
Transversal Feminism And Transcendence, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Common Interest Developments At The Crossroads Of Legal Theory, Michael A. Heller
Common Interest Developments At The Crossroads Of Legal Theory, Michael A. Heller
Faculty Scholarship
What makes common interest developments (CIDs) interesting for legal theory? In my view, CIDs should provoke our interest because they operate at the intersection of two axes of contemporary legal scholarship. The first axis concerns rights allocation, what I have called the spectrum from commons to anticommons property. The second axis concerns governance institutions, which can occupy the space between private and public. These two dimensions define the theoretical field within which we create new forms of group property, and through which we solve emerging collective action dilemmas. CIDs are located at this crossroads, delicately poised between extremes on both …
Gazdaság És Jog (The Economy And The Law), Peter Cserne
Gazdaság És Jog (The Economy And The Law), Peter Cserne
Péter Cserne
No abstract provided.