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Articles 1 - 5 of 5
Full-Text Articles in Jurisprudence
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
A Mirror For The Magistrate, Paul Campos
Against Constitutional Theory, Paul Campos
Writing For Judges, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Publications
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.