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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

How To Fix Legal Scholarmush, Adam Kolber Oct 2020

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off the …


Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz Oct 2012

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.


The Material Basis Of Jurisprudence, Richard A. Posner Jan 1993

The Material Basis Of Jurisprudence, Richard A. Posner

Indiana Law Journal

No abstract provided.


The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall Jan 1951

The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Balance Sheet Of Law And Religion, Frank E. Horack Jr. Jan 1946

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.


The Jurisprudence Of Thomas Jefferson, L. K. Caldwell Apr 1943

The Jurisprudence Of Thomas Jefferson, L. K. Caldwell

Indiana Law Journal

No abstract provided.


Comments On The Report Of The Committee On Jurisprudence And Law Reform, L. L. Bomberger Jun 1942

Comments On The Report Of The Committee On Jurisprudence And Law Reform, L. L. Bomberger

Indiana Law Journal

No abstract provided.


Some New Ideas About Law, Zechariah Chafee Jr. Aug 1936

Some New Ideas About Law, Zechariah Chafee Jr.

Indiana Law Journal

Address by Zechariah Chafee, Jr., Professor of Law at Harvard Law School, delivered before the Indiana State Bar Association at Lake Wawasee, Indiana, July 10, 1936.


A Legal Gospel For An Industrial Age, Anan Raymond Mar 1932

A Legal Gospel For An Industrial Age, Anan Raymond

Indiana Law Journal

An address delivered before the Indiana State Bar Association at Lafayette, Indiana, July 9, 1931.


Journal Of David Mcdonald, David Mcdonald Dec 1864

Journal Of David Mcdonald, David Mcdonald

Historic Documents

Handwritten journal of David McDonald who is recognized as the first Professor of Law at Indiana University. The journal is undated but contains a transcribed article from the Cincinnati Gazette dated April 17, 1865.

McDonald was born in Millersburg, Kentucky and moved to Indiana when he was 14, in 1817. He eventually became a school teacher in Washington, before meeting a local lawyer who encouraged him to study law. He was licensed to practice in the Circuit Courts in 1830. He served as a member of the Indiana Legislature (1833-34) as well as being elected judge of the 10th Circuit …