Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Behavior (1)
- Beliefs (1)
- Book review (1)
- Burger Court (1)
- Candor (1)
-
- Civil rights law (1)
- Conservative constitutionalism (1)
- Constitutional interpretation (1)
- Constitutional law (1)
- Critical legal studies (1)
- Decision-making (1)
- Due Care (1)
- Fault Liability (1)
- Federal courts (1)
- Federal equitable remedies (1)
- Federalism (1)
- Hard Judicial Choices (1)
- Housing discrimination law (1)
- Judicial role (1)
- Morton J. Horowitz (1)
- Negligence (1)
- Oliver Wendell Holmes Jr. (1)
- Philip Cooper (1)
- Public law litigation (1)
- Separation of powers (1)
- Strict Liability (1)
- Supreme Court (1)
- Tort Liability (1)
- Tort Theory (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Judges
Beyond Candor, Scott Altman
Beyond Candor, Scott Altman
Michigan Law Review
In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …
Book Review, Richard B. Collins
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski
Faculty Scholarship
A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Georgetown Law Faculty Publications and Other Works
American constitutional law in general, and fourteenth amendment jurisprudence in particular, is in a state of profound transformation. The "liberal-legalist" and purportedly politically neutral understanding of constitutional guarantees that dominated constitutional law and theory during the fifties, sixties, and seventies, is waning, both in the courts and in the academy. What is beginning to replace liberal legalism in the academy, and what has clearly replaced it on the Supreme Court, is a very different conception - a new paradigm - of the role of constitutionalism, constitutional adjudication, and constitutional guarantees in a democratic state. Unlike the liberal-legal paradigm it is …