Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (23)
- Legal Studies (20)
- Legal Theory (19)
- Legal History (15)
- Courts (10)
-
- Constitutional Law (7)
- Judges (4)
- Legal Profession (4)
- Comparative and Foreign Law (3)
- Criminal Law (3)
- Environmental Law (3)
- Legal Education (3)
- Legal Writing and Research (3)
- Administrative Law (2)
- Civil Rights and Discrimination (2)
- Common Law (2)
- Contracts (2)
- Intellectual Property Law (2)
- Law and Gender (2)
- Law and Society (2)
- Litigation (2)
- Political Science (2)
- Supreme Court of the United States (2)
- Cognitive Neuroscience (1)
- Communication (1)
- Criminal Procedure (1)
- Environmental Sciences (1)
- Evidence (1)
- Keyword
-
- Jurisprudence (11)
- Critical legal studies (4)
- Legal theory (4)
- Civil rights (3)
- Law and economics (3)
-
- Constitutional law (2)
- Critical Legal Studies (2)
- Feminism (2)
- Gender (2)
- Interpretation (2)
- Law and literature (2)
- Legal history (2)
- Sexuality (2)
- 1970. (1)
- Antiessentialism (1)
- Antisubordination (1)
- Cass Sunstein (1)
- Confl (1)
- Corpus linguistics (1)
- Critical race theory (1)
- Democracy (1)
- Descriptive jurisprudence (1)
- Disclosure (1)
- Doctrinal inquiries (1)
- Equality (1)
- Ethics (1)
- Existence of law (1)
- Explanatory inquiries (1)
- Family law (1)
- Federalist Society (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 87
Full-Text Articles in Jurisprudence
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena D. Mutua, Francisco Valdes
Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena D. Mutua, Francisco Valdes
Journal Articles
This article marks the twentieth anniversary of Latina and Latino Critical Legal Theory or the LatCrit organization, an association of diverse scholars committed to the production of knowledge from the perspective of Outsider or OutCrit jurisprudence. The article first reflects on the historical development of LatCrit’s substantive, methodological, and institutional commitments and practices. It argues that these traditions were shaped not only by its members’ goals and commitments but also by the politics of backlash present at its birth in the form of the “cultural wars,” and which have since morphed into perpetual “crises” grounded in neoliberal policies. With this …
Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman
Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman
Buffalo Public Interest Law Journal
This article seeks to explain how a relative newcomer to constitutional anti-discrimination jurisprudence, secular identity, has managed to gamer a far higher degree of protection than historically suspect classes, such as race and gender. It attributes this phenom- enon to the "separate but equal" model of equality inherent in the doctrine of "separation of church and state." It notes that, despite acknowledging that government segregation is per se unequal in the Brown decision, the Supreme Court has continued to enforce religious segregation as a requirement of the Establishment Clause. In doing so, the Court has created a new type of …
Piety And Profession: Simon Greenleaf And The Case Of The Stillborn Bowdoin Law School, 1850–1861, Alfred S. Konefsky
Piety And Profession: Simon Greenleaf And The Case Of The Stillborn Bowdoin Law School, 1850–1861, Alfred S. Konefsky
Journal Articles
In 1850, Bowdoin College turned to former Harvard professor Simon Greenleaf when it sought to establish a law school. Although the school did not materialize, Greenleaf wrote a remarkable report that reveals anxieties about the profession, competing visions of legal education, and controversies over the meaning of the science of law in antebellum New England.
How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey
How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey
Journal Articles
A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources …
Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld
Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld
Book Reviews
No abstract provided.
How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey
How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey
Contributions to Books
Published in Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, Martha Albertson Fineman, Jack E. Jackson & Adam P. Romero, eds.
Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism's turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on and reinforces the identity conventions and regulatory constraints it claims to unsettle. The meaningful question for queer theory, for feminism, and for legal economics, is what kind of state and morality to pursue, not whether individual choice and private …
Thinking With Wolves: Left Legal Theory After The Right's Rise (Review Essay), Martha T. Mccluskey
Thinking With Wolves: Left Legal Theory After The Right's Rise (Review Essay), Martha T. Mccluskey
Book Reviews
Reviewing Wendy Brown & Janet Halley, Left Legalism/Left Critique (2001).
Left legal theory is in crisis. This crisis reflects a broader problem of contemporary U.S. politics: the lack of grand ideas capable of mobilizing meaningful opposition to the triumph of the political right. Right-wing legal theory has contributed to that dramatic political change by promoting ideas questioning the foundations of the twentieth century liberal welfare and regulatory state.
This review essay analyzes a rare recent attempt to revive left legal theory in the face of the right's triumph: the anthology Left Legalism/Left Critique edited by Wendy Brown and Janet Halley …
Aesthetic Judgment And Legal Justification, Guyora Binder
Aesthetic Judgment And Legal Justification, Guyora Binder
Journal Articles
Although criticized as illegitimate, literary elements are necessary features of legal argument. In a modern liberal state, law motivates compliance by justifying controversial prescriptions as products of an appropriate process for representing the will of society. Yet because law constructs the will of individual and collective actors in representing them, its representations are necessarily figurative rather than mimetic. In evaluating law's representation of society, citizens of the liberal state are also shaping their own ends. Such self-expressive choices, subjective but non-instrumental, entail aesthetic judgment. Thus the literary elements of rhetorical figuration and aesthetic appeal are fundamental, rather than merely ornamental, …
The Poetics Of The Pragmatic: What Literary Criticisms Of Law Offers Posner, Guyora Binder
The Poetics Of The Pragmatic: What Literary Criticisms Of Law Offers Posner, Guyora Binder
Journal Articles
The process by which we represent our society's will and welfare in the medium of law is an imaginative and expressive one, narrating the path from a virtuous past to a decent future, informed by aesthetic judgment. In Literary Criticisms of Law, Guyora Binder and Robert Weisberg argued that, because law is literary in this sense, scholars can use the methods of literary criticism to "read" the law and to subject it to critical evaluation and reflective aesthetic judgment. In reviewing that book, Judge Richard Posner reasserted his long-held position that it is most useful to evaluate law economically rather …
Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith
Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith
Buffalo Law Review
No abstract provided.
Trading In Controversy, Neil Duxbury
Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel
Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel
Book Reviews
Reviewing Neil Duxbury, Patterns of American Jurisprudence(1995).
Is Law Narrative?, Jane B. Baron, Julia Epstein
Is Law Narrative?, Jane B. Baron, Julia Epstein
Buffalo Law Review
No abstract provided.
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Journal Articles
This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …
Liberal Environmental Jurisprudence, David A. Westbrook
Liberal Environmental Jurisprudence, David A. Westbrook
Journal Articles
No abstract provided.
What's Left?, Guyora Binder
What's Left?, Guyora Binder
Journal Articles
Addressing the future of radical politics at the end of the cold war, this article offers a reconstruction of radical theory around the goal of enabling collaborative self-realization through participatory democratic politics. It offers an interpretation of the radical tradition as defined by a view of human nature as a cultural artifact, and a conception of liberation as the self-conscious transformation of human nature. It proceeds to critique radical theory’s traditional focus on revolution as the means of radical transformation. Distinguishing instrumental and self-expressive conceptions of transformation it critiques revolutionary processes as tending to reproduce instrumental culture. It offers democratic …
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin
Journal Articles
No abstract provided.
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
Beyond Criticism, Guyora Binder
Beyond Criticism, Guyora Binder
Journal Articles
During the 1980’s, Critical Legal Studies was frequently criticized for offering no policy prescriptions. This essay explained critical scholars’ reluctance to propose policy as a reflection of their epistemological and political critiques of instrumentalist policy analysis. Because critical scholars saw both causal relationships and interests as highly contingent on normative assumptions, they were skeptical of claims that well-intentioned law reforms would benefit the interests of the poor and the powerless. Valuing democratic participation, critical legal scholars were also reluctant to define the interests of the powerless for them. The essay proceeded to argue that critical legal scholars should see instrumentalism …
On Critical Legal Studies As Guerilla Warfare, Guyora Binder
On Critical Legal Studies As Guerilla Warfare, Guyora Binder
Journal Articles
This sardonic 1987 essay defended Critical Legal Studies (CLS) against alarmist attacks from the right, claiming that CLS was dangerously subversive of the rule of law, and seemingly contradictory attacks from the left dismissing CLS as empty theorizing lacking any practical implications for reform. The essay responded that while CLS lacked proposals for legislative reform, it favored a highly participatory process of reform, drawn from experience in the student movements of the 1960’s. It distrusted state power and bureaucracy as engines of change, and favored community organization, civil society, and popular mobilization.
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Buffalo Law Review
No abstract provided.
Revitalizing American Liberalism, David Gregory
Revitalizing American Liberalism, David Gregory
Buffalo Law Review
Book review of Brue Ackerman's Reconstructing American Law
Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan
Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan
Buffalo Law Review
No abstract provided.
Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren
Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren
Journal Articles
No abstract provided.
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
Buffalo Law Review
No abstract provided.
The Mathematics Of Liberalism: The Zero Sum Society By Lester C. Thurow, James T. Carney
The Mathematics Of Liberalism: The Zero Sum Society By Lester C. Thurow, James T. Carney
Buffalo Law Review
No abstract provided.
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
Buffalo Law Review
No abstract provided.
The Structure Of Blackstone's Commentaries, Duncan Kennedy
The Structure Of Blackstone's Commentaries, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Journal Articles
No abstract provided.