Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Jurisprudence

The Formal Character Of Law, Robert S. Summers Jul 1992

The Formal Character Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank Jun 1992

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson Jan 1992

Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson

Faculty Articles and Other Publications

Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.

On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis ...


The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer Jan 1992

The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii Jan 1992

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

Scholarly Works

Professor J.M. Balkin’s recent essay in Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balin’s thesis that ...


Reconstructing Liberty, Robin West Jan 1992

Reconstructing Liberty, Robin West

Georgetown Law Faculty Publications and Other Works

It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even ...


Tort Law As A Comparative Institution, Claire Oakes Finkelstein Jan 1992

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller Jan 1992

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

Articles

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine P. Wells Jan 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

As legal theorists, we live in an age of self-conscious repetition: everything is "neo" and nothing is new. There are neo-realists, neo-formalists, neo-conservatives, and neo-pragmatists to name just a few. And what is not "neo" is "post" as in post-structuralist, post-colonial, and even postcritical. Indeed, the newest theories sound pointedly antitheoretical as deconstructionists, feminists, and critical legal scholars argue in various ways that conventional theory making is but one more mechanism for oppressing the powerless. In all this theory consciousness, it is difficult to have simple thoughts and it is especially difficult to think simply about judging ...