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Full-Text Articles in Jurisprudence
Intergenerational Condemnation, Donald H. Gjerdingen
Intergenerational Condemnation, Donald H. Gjerdingen
Articles by Maurer Faculty
Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
Articles by Maurer Faculty
In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …