Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 22 of 22
Full-Text Articles in Law
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
San Diego International Law Journal
This Essay aims to examine some of the common elements of law and economics and the Brisker method that have contributed to their success as intellectual movements. Toward that end, the Essay compares the founding principles of these movements, exploring similarities in their essential characteristics. Part I presents and analyzes representative examples of the conceptual approach underlying each of these methods. Drawing on these and other examples of each method, Part II observes that the success of the methods stems in part from their common reliance on historical antecedents as well as their emphasis on conceptual frameworks broadly applicable within …
The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove
The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove
Michigan Law Review
What is the most widely read work of jurisprudence by those in the legal system? Is it H.L.A. Hart's The Concept of Law? Ronald Dworkin's Law's Empire? No. It is actually the Multistate Bar Exam ("Bar Exam"). Perhaps no other work on law has been so widely read by those in the legal profession. Although the precise text of the Bar Exam is different every year, it presents a jurisprudence that transcends the specific language of its text. Each year, thousands of lawyers-to-be ponder over it, learning its profound teachings on the meaning of the law. They study …
The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky
The Internal Point Of View In Law And Ethics: Introduction, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha
A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha
Fordham Law Review
No abstract provided.
What Is The Internal Point Of View?, Scott J. Shapiro
What Is The Internal Point Of View?, Scott J. Shapiro
Fordham Law Review
No abstract provided.
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen Perry
Fordham Law Review
No abstract provided.
Hobbes And The Internal Point Of View, Claire Finkelstein
Hobbes And The Internal Point Of View, Claire Finkelstein
Fordham Law Review
No abstract provided.
Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky
Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter
The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter
Fordham Law Review
No abstract provided.
Rules, Standards, And The Internal Point Of View, Dale A. Nance
Rules, Standards, And The Internal Point Of View, Dale A. Nance
Fordham Law Review
No abstract provided.
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green
Fordham Law Review
No abstract provided.
Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel
Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel
Fordham Law Review
No abstract provided.
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Duty In Tort Law: An Economic Approach, Keith N. Hylton
Fordham Law Review
No abstract provided.
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Seeing Tort Law From The Internal Point Of View: Holmes And Hart On Legal Duties, John C.P. Goldberg, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort
Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort
Fordham Law Review
No abstract provided.
A Tale Of Two Trajectories, Cynthia A. Williams
A Tale Of Two Trajectories, Cynthia A. Williams
Fordham Law Review
No abstract provided.
Against Interpretive Obligation (To The Supreme Court), Abner S. Greene
Against Interpretive Obligation (To The Supreme Court), Abner S. Greene
Fordham Law Review
No abstract provided.
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
Fordham Law Review
No abstract provided.
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Fordham Law Review
No abstract provided.
Are Constitutional Norms Legal Norms?, Jeremy Waldron
Are Constitutional Norms Legal Norms?, Jeremy Waldron
Fordham Law Review
No abstract provided.
Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton
Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton
Fordham Law Review
No abstract provided.
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Applying The Laws Of Logic To The Logic Of Laws, Hillel Bavli
Fordham Urban Law Journal
The article begins by discussing the difficulties of proving consistency within a formal legal system generally. After establishing the importance of a formalized legal model as a prerequisite of rigorous examination of consistency, it proceeds to investigate issues intrinsic to the current system of law that may prevent formalization of a just legal system as currently conceived. The article argues that flexibility inherent in a just legal system may foreclose the possibility of legal formalization or any comprehensive model thereof. The article concludes, however, that a model whose purpose is the examination of consistency within a system need not necessarily …