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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 Nov 2006

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 May 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

A Tale Of Two Trajectories, Cynthia A. Williams

Fordham Law Review

No abstract provided.


Against Interpretive Obligation (To The Supreme Court), Abner S. Greene Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

Are Constitutional Norms Legal Norms?, Jeremy Waldron

Fordham Law Review

No abstract provided.


Evaluating Goldberg And Zipursky's Civil Recourse Theory, Jane Stapleton Jan 2006

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 Jan 2006

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 …