Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (18)
- Social and Behavioral Sciences (12)
- Law and Economics (9)
- Law and Society (9)
- Arts and Humanities (8)
-
- Philosophy (8)
- International Law (7)
- Public Law and Legal Theory (7)
- Comparative and Foreign Law (6)
- Constitutional Law (6)
- Legal Studies (6)
- Courts (5)
- Law and Philosophy (5)
- Legal Theory (5)
- Business Organizations Law (4)
- Economics (4)
- Ethics and Political Philosophy (4)
- Judges (4)
- Law and Politics (4)
- Legal Writing and Research (4)
- Business (3)
- Contracts (3)
- Human Rights Law (3)
- Jurisdiction (3)
- Supreme Court of the United States (3)
- Civil Law (2)
- Corporate Finance (2)
- Criminal Law (2)
- Institution
-
- Selected Works (11)
- SelectedWorks (8)
- Washington University in St. Louis (6)
- University of Pennsylvania Carey Law School (4)
- BLR (3)
-
- Maurer School of Law: Indiana University (3)
- Northwestern Pritzker School of Law (2)
- Osgoode Hall Law School of York University (2)
- Penn State Dickinson Law (2)
- American University Washington College of Law (1)
- American University in Cairo (1)
- Columbia Law School (1)
- Duquesne University (1)
- Latin American and Caribbean Law and Economics Association (1)
- Loyola University Chicago, School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University at Buffalo School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Scholarship@WashULaw (6)
- All Faculty Scholarship (4)
- Brian Slattery (3)
- ExpressO (3)
- Articles & Book Chapters (2)
-
- Dickinson Law Review (2017-Present) (2)
- Faculty Working Papers (2)
- Indiana Law Journal (2)
- Ivo Teixeira Gico Jr. (2)
- Richard Kay (2)
- Aaron Rappaport (1)
- Alexander Tsesis (1)
- American University Law Review (1)
- Arthur Dyevre (1)
- C. G. Bateman (1)
- Catholic University Law Review (1)
- Cristiano Rosa de Carvalho (1)
- Faculty Book Chapters (1)
- Faculty Publications & Other Works (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Gianluigi Palombella (1)
- Ian C Bartrum (1)
- Indiana Journal of Global Legal Studies (1)
- John A Bruegger (1)
- Jorge Luis Fabra Zamora (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Nehal A. Patel (1)
- Nick J. Sciullo (1)
- Publication Type
- File Type
Articles 31 - 51 of 51
Full-Text Articles in Jurisprudence
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum
Ian C Bartrum
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In it I adapt some of my earlier constitutional theoretical work to engage the topic of that symposium: the so-called “interpretation/construction distinction”. I make two related criticisms of the distinction: (1) it relies on a flawed conception of linguistic meaning, and (2) while these flaws may be harmless in the “easy” cases of interpretation, they are much more problematic in the difficult cases of most concern. Thus, I doubt the ultimate utility of the distinction as part of a “true and correct” model of constitutional theory. …
The Speluncean Explorers--Further Proceedings, Anthony D'Amato
The Speluncean Explorers--Further Proceedings, Anthony D'Amato
Faculty Working Papers
Lon L. Fuller's The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other and produce for the reader an exhilarating excursion into fundamental theories of law and the state and the role of courts vis-i-vis legislatures and executives. Though the issues articulated by Fuller are timeless, the past thirty years in jurisprudential scholarship have produced at least one major new vantage point—the "rights thesis".
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Pier Giuseppe Monateri
The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein
At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein
ExpressO
This article has two primary goals. The first is descriptive, and seeks to respond to what appears to be an increasing degree of confusion over the word “pragmatism,” especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called “everyday” pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the article is subsequently concerned with exploring this last category, …
Law’S Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Law’S Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
ExpressO
For so long as it has been important to know “what the law is,” the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.
Part I of the paper introduces a holistic approach to “medium theory”—the idea that methods of communication influence social development and ideology—and applies the theory to the development of legal thinking and institutions. Part …
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Faculty Works
For so long as it has been important to know what the law is, the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.
Part I of the paper introduces a holistic approach to medium theory - the idea that methods of communication influence social development and ideology - and applies the theory to the development of legal …
Incorporation By Law, Joseph Raz
Incorporation By Law, Joseph Raz
Faculty Scholarship
My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.
The Trajectory Of (Corporate Law) Scholarship, Brian R. Cheffins
The Trajectory Of (Corporate Law) Scholarship, Brian R. Cheffins
ExpressO
While considerable attention is devoted to legal scholarship, little has been written on the process by which academic writing on law evolves. This paper departs from the existing pattern and examines five potential trajectories for legal scholarship. One is based on the idea that knowledge “accumulates” as part of “progress” towards a better understanding of the matters under study. The second is the concept of the “paradigm”, derived from work done on the history and sociology of science. The third focuses on the idea that academic endeavor concerning law yields useful ideas since market forces are at work. The fourth …
Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery
Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery
Brian Slattery
Posner's Economic Approach To Comparative Law, William Ewald
Posner's Economic Approach To Comparative Law, William Ewald
All Faculty Scholarship
No abstract provided.
Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery
Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery
Brian Slattery
No abstract provided.
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
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 …
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Articles & Book Chapters
This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
All Faculty Scholarship
No abstract provided.
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
All Faculty Scholarship
No abstract provided.
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.
In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman
Indiana Law Journal
No abstract provided.
The Conservative Mind, By Russell Kirk, Byrum E. Carter
The Conservative Mind, By Russell Kirk, Byrum E. Carter
Indiana Law Journal
No abstract provided.
The American Doctrine Of Judicial Supremacy, Charles G. Baker
The American Doctrine Of Judicial Supremacy, Charles G. Baker
West Virginia Law Review
No abstract provided.