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Full-Text Articles in Jurisprudence
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Reason And Authority In Legal Ethics, W. Bradley Wendel
Reason And Authority In Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Pragmatist And Non-Pragmatist Knowledge Practices In American Law, Mariana Valverde
Pragmatist And Non-Pragmatist Knowledge Practices In American Law, Mariana Valverde
Pragmatism, Law and Governmentality
For anyone interested in documenting and analyzing knowledge practices, legal arenas prove to be fruitful sites, for at least two reasons. 1) First, questions of evidence and of authority are often explicitly contested, with the contestations often forming part of a court’s public record and/or going on in the public setting of the courtroom. Thus, unlike science studies scholars, who must gain access to social interactions that are not mentioned in scientific papers and that do not take place in public view, legal studies scholars have vast amounts of material – affidavits, trial transcripts, etc– that can readily be analyzed, …
Styles Of Pragmatism, Social Science And The Law, Robert P. Burns
Styles Of Pragmatism, Social Science And The Law, Robert P. Burns
Pragmatism, Law and Governmentality
I have long held as an ideal the words of one of foremost American interpreters of John Dewey's philosophy: "An adequate, comprehensive political and social theory must be at once empirical, interpretive, and critical." How these styles of social inquiry, whose practitioners often seem at war, might cohere has never been completely clear. This essay is an attempt to work out in a very limited context some of the issues surrounding these relationships. In particular, I want to explore the relationship between the interpretive style, which I take to be central, and the other two. The focus of these remarks …
Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume
Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume
Cornell Law Faculty Publications
A little over a decade ago, in Payne v. Tennessee, the U.S. Supreme Court cleared the way for capital sentencing juries to consider “victim impact evidence” (VIE). Reversing its prior decisions in Booth v. Maryland and South Carolina v. Gathers, a six to three majority of the Court held that “if the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar.” Part I of this Article will discuss the Court’s prior decisions in Booth and Gathers, and Parts II and III will …