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Full-Text Articles in Law
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Journal Articles
In a recent critique, Jens Ohlin faults contemporary criminal law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of criminal law justifies including reflection about the justice of punishment in the professional education of lawyers. First, we argue that both understanding and evaluating criminal law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of criminal law doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally, …
Introduction: Unsettling Questions, Disquieting Stories, Mae Kuykendall, David A. Westbrook
Introduction: Unsettling Questions, Disquieting Stories, Mae Kuykendall, David A. Westbrook
Journal Articles
The Business Law and Narrative Symposium, held at Michigan State University on September 10-11, 2009, brought together nationally known legal scholars, and scholars from other disciplines, to discuss whether and how the institution of the corporation was embedded in social narratives, public stories. This introductory essay reviews the responses of these scholars to the thesis of Kuykendall's article, No Imagination: The Marginal Role of Narrative in Corporate Law. The authors conclude with a hope that corporate law might offer a more literary sensibility by which to make our lives in global capitalism more comprehensible.
Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew
Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew
Journal Articles
Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …