Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (8)
- Social and Behavioral Sciences (8)
- Arts and Humanities (7)
- Constitutional Law (7)
- Law and Society (6)
-
- Philosophy (6)
- Judges (4)
- Law and Gender (4)
- Legal Education (4)
- Sociology (4)
- Conflict of Laws (3)
- Courts (3)
- Ethics and Political Philosophy (3)
- Fourteenth Amendment (3)
- Legal Ethics and Professional Responsibility (3)
- Legal Studies (3)
- Legal Theory (3)
- Public Law and Legal Theory (3)
- Civil Rights and Discrimination (2)
- Evidence (2)
- Feminist, Gender, and Sexuality Studies (2)
- Gender and Sexuality (2)
- Law and Economics (2)
- Law and Philosophy (2)
- Sexuality and the Law (2)
- Social Control, Law, Crime, and Deviance (2)
- Social Welfare Law (2)
- Supreme Court of the United States (2)
- Institution
-
- University of Pennsylvania Carey Law School (8)
- University of Colorado Law School (5)
- Georgetown University Law Center (4)
- Cornell University Law School (2)
- Maurer School of Law: Indiana University (2)
-
- New York Law School (2)
- Osgoode Hall Law School of York University (2)
- UC Law SF (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Law (1)
- University of Cincinnati College of Law (1)
- University of Connecticut (1)
- University of Georgia School of Law (1)
- Keyword
-
- Jurisprudence (12)
- Constitutional law (3)
- Constitutional theory (3)
- Appellate judges (2)
- Legal scholarship (2)
-
- Postmodernism (2)
- Statutory construction (2)
- Women (2)
- "plain meaning" (1)
- Abortion (1)
- African American slavery (1)
- Authority (1)
- Autonomy (1)
- Book review (1)
- Book review judiciary (1)
- Bronte (1)
- Canada (1)
- Canons of construction (1)
- Chevron U.S.A. v. Natural Resources Defense Council (1)
- Choice of Law (1)
- Christopher Columbus Langdell (1)
- Clark M. Gay (1)
- Complexity (1)
- Consent (1)
- Constitution (1)
- Constitutional Law (1)
- Constitutional interpretation (1)
- Constitutionalism (1)
- Corporate Law (1)
- Corporations (1)
- Publication
-
- All Faculty Scholarship (9)
- Publications (5)
- Faculty Scholarship (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Scholarly Works (3)
-
- Articles & Book Chapters (2)
- Articles by Maurer Faculty (2)
- Cornell Law Faculty Publications (2)
- Journal Articles (2)
- Scholarly Articles (2)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Reviews (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Articles and Papers (1)
- Faculty Publications (1)
- Philip A. Hart Memorial Lecture (1)
Articles 1 - 30 of 41
Full-Text Articles in Jurisprudence
The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White
The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White
Scholarly Works
In this article, the author discusses how Chevron intersects with one important competing norm - stare decisis. Stare decisis counsels the Court to adhere to its own decisions, particularly statutory ones, absent substantial justification for departure. To what extent should stare decisis apply when an agency's interpretation of a statute, otherwise deserving of deference under Chevron, conflicts with a prior interpretation of the statute by the Supreme Court?
This article suggests the following answer: If the Court's prior opinion upheld the agency's interpretation as one reasonable reading of the statute, but not the only one possible, and the agency thereafter …
The Formal Character Of Law, Robert S. Summers
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
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Incommensurability As A Jurisprudential Puzzle, Richard Warner
Incommensurability As A Jurisprudential Puzzle, Richard Warner
All Faculty Scholarship
No abstract provided.
Rorty, Radicalism, Romanticism: The Politics Of The Gaze, Joan C. Williams
Rorty, Radicalism, Romanticism: The Politics Of The Gaze, Joan C. Williams
Faculty Scholarship
No abstract provided.
Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson
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 on …
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
The Impropriety Of Expert Witness Testimony On The Law, Thomas E. Baker
Faculty Publications
Professor Baker weighs in on a new trend of allowing expert opinion on the status of the law. He begins with a brief history of lay and expert opinion testimony and continues with an analysis of Rule 702 of the Federal Rules of Evidence before concluding that expert opinion on the law simply has no place in federal practice.
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Where Have You Gone, Karl Llewellyn - Should Congress Turn Its Lonely Eyes To You, Stephen F. Ross
Journal Articles
The purpose of this paper is to explore what, if anything, Congress should do about the canons of statutory construction to prevent judges who are more conservative (or perhaps, in a future era, more progressive) than the majority of the legislature from employing those canons to distort or frustrate legislative policy preferences.
The Questions Of Authority, Frederick Schauer
The Questions Of Authority, Frederick Schauer
Philip A. Hart Memorial Lecture
In 1992, Professor, Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."
Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law …
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Contract, Tort, And Individual Responsibility: An Analytic Framework, Joseph R. Grodin
Contract, Tort, And Individual Responsibility: An Analytic Framework, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
A Mirror For The Magistrate, Paul Campos
Writing For Judges, Pierre Schlag
Nurturing The Impulse For Justice, Lynne Henderson
Nurturing The Impulse For Justice, Lynne Henderson
Scholarly Works
No abstract provided.
Pre-Figuration And Evaluation, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Publications
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.
Against Constitutional Theory, Paul Campos
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
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 a postmodern constitutionalism …
Tort Law As A Comparative Institution, Claire Oakes Finkelstein
Tort Law As A Comparative Institution, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
All Faculty Scholarship
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …
The Jurisprudence Of Jane Eyre, Anita L. Allen
The Jurisprudence Of Jane Eyre, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56
Book Review —Rewriting The History Of The Judiciary Act Of 1789: Exposing Myths,Challenging Premises And Using New Evidence, Roger J. Miner '56
Book Reviews
No abstract provided.
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …
Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales
Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales
All Faculty Scholarship
No abstract provided.