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Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
The Temptation Of Cosmic Private Law Theory, Nathan B. Oman
The Temptation Of Cosmic Private Law Theory, Nathan B. Oman
Faculty Publications
It’s a heady time to be a theorist of private law. After decades of vague post-Realist functionalism or reductive economic theories, the latest generation of private law theorists have provided a proliferation of new philosophies of tort, contract, and property. The result has been a tremendous burst of intellectual creativity. While Kant and Hegel have been dragooned into debates over torts and contracts and even such supposedly wooly headed thinkers as Coke and Blackstone have been rehabilitated, there have been fewer efforts to generate natural law accounts of private law than one might expect, particularly in light of the revival …
Judicial Partisanship In A Partisan Era: A Reply To Professor Robertson, Dmitry Bam
Judicial Partisanship In A Partisan Era: A Reply To Professor Robertson, Dmitry Bam
Faculty Publications
Professor Cassandra Burke Robertson’s outstanding article, Judicial Impartiality in A Partisan Era, is timely given the increasing politicization of the judiciary. The political debate and controversy around the Judge Garland nomination and the Justice Kavanaugh confirmation to the United States Supreme Court, only served to reaffirm that the judiciary is not immune from the growing political polarization in America. And it is not just senate judicial confirmation battles that have become highly bitter and partisan. Scholars writing about the substantive work of the Court have argued that it is more akin to a political body than a judicial one, and …
The Internal Morality Of International Law, Evan Fox-Decent, Evan J. Criddle
The Internal Morality Of International Law, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
No abstract provided.
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Faculty Publications
One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
Leiter On The Legal Realists, Michael S. Green
Leiter On The Legal Realists, Michael S. Green
Faculty Publications
In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to …
The Unruliness Of Rules, Peter A. Alces