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Articles 1 - 30 of 39
Full-Text Articles in Jurisprudence
Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Desautels-Stein
Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Desautels-Stein
Publications
No abstract provided.
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Publications
The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …
Is Legal Scholarship Worth Its Cost?, Paul Campos
Pragmatic Liberalism: The Outlook Of The Dead, Justin Desautels-Stein
Pragmatic Liberalism: The Outlook Of The Dead, Justin Desautels-Stein
Publications
At the turn of the twentieth century, the legal profession was rocked in a storm of reform. Among the sparks of change was the view that "law in the books" had drifted too far from the "law in action." This popular slogan reflected the broader postwar suspicion that the legal profession needed to be more realistic, more effective, and more in touch with the social needs of the time. A hundred years later, we face a similarly urgent demand for change. Across the blogs and journals stretches a thread of anxieties about the lack of fit between legal education and …
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
Publications
Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss
"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss
Publications
There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …
The Faculty Workshop, Pierre Schlag
The Faculty Workshop, Pierre Schlag
Publications
This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”
Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag
Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag
Publications
In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …
The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag
The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag
Publications
No abstract provided.
A Brief Survey Of Deconstruction, Pierre Schlag
Navigating Diverse Identities: Building Coalitions Through Redistribution Of Academic Capital--An Exercise In Praxis, Aya Gruber
Publications
No abstract provided.
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
A Reply--The Missing Portion, Pierre Schlag
Beyond Interpretation, Pierre Schlag
Jurisprudence Noire, Pierre Schlag
The Lawyerland Essays: Introduction, Pierre Schlag
No Vehicles In The Park, Pierre Schlag
Law As The Continuation Of God By Other Means, Pierre Schlag
Law As The Continuation Of God By Other Means, Pierre Schlag
Publications
No abstract provided.
The Chaotic Pseudotext, Paul F. Campos
Hiding The Ball, Pierre Schlag
Anti-Intellectualism, Pierre Schlag
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
Values, Pierre Schlag
The Untermensch As Ubermensch, Paul Campos
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Clerks In The Maze, Pierre Schlag
Book Review, Paul Campos
Three Mistakes About Interpretation, Paul Campos
Writing For Judges, Pierre Schlag