Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
Regret And Contract "Science", Peter A. Alces
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott
St. Mary's Law Journal
When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …
Regret And Contract "Science", Peter A. Alces
Regret And Contract "Science", Peter A. Alces
Faculty Publications
No abstract provided.
Natural Law And The Cultivation Of Legal Rhetoric, Francis J. Mootz Iii
Natural Law And The Cultivation Of Legal Rhetoric, Francis J. Mootz Iii
Scholarly Works
This essay appeared in a book celebrating Lon Fuller's contributions to jurisprudence. In it, Professor Mootz argued that Fuller's conception of secular natural law, designated as an "internal morality of law," lends welcome assistance to the effort to articulate a new direction in legal philosophy. He defended Fuller's natural-law approach from the common misinterpretations that it is either a hollow echo of the natural law tradition or an essentialist conception of law at odds with the legal-realist world that he helped to create with his doctrinal scholarship. By reading his famous, "The Case of the Speluncean Explorers," in a new …
No Vehicles In The Park, Pierre Schlag
Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle
Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle
Faculty Scholarship
No abstract provided.
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Book Review. Fuller, L. L., The Law In Quest Of Itself, Jerome Hall
Articles by Maurer Faculty
No abstract provided.