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Articles 1 - 18 of 18
Full-Text Articles in Jurisprudence
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
Law And Liberation, Robert Rodes
Law, Belief, And Bildung: The Education Of Harry Edwards, Brian C. Murchison
Law, Belief, And Bildung: The Education Of Harry Edwards, Brian C. Murchison
Brian C. Murchison
Not available.
The New Old Legal Realsim, Tracey E. George, Mitu Gulati, Ann C. Mcginley
The New Old Legal Realsim, Tracey E. George, Mitu Gulati, Ann C. Mcginley
Vanderbilt Law School Faculty Publications
Judges produce opinions for numerous purposes. A judicial opinion decides a case and informs the parties whether they won or lost. But in a common law system, the most important purpose of the opinion, particularly the appellate opinion, is to educate prospective litigants, lawyers, and lower court judges about the law: what it is and how it applies to a specific set of facts. Without this purpose, courts could more quickly and efficiently issue one-sentence rulings rather than set forth reasons. By issuing opinions, courts give actors a means of evaluating whether their actions are within the bounds of law. …
"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells
"Sociological Legitimacy" In Supreme Court Opinions, Michael L. Wells
Washington and Lee Law Review
Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is a transparent window into the Court's thinking, such that the reasons offered by the Court are, or ought to be, the reasons that account for the holding. Scholars debate the strength of the Court's reasoning, question or defend the Court's candor, and propose alternative ways of justifying the ruling. This Article takes issue with the transparency premise, on both descriptive and normative grounds. Especially in controversial cases, the Court is at least as much concerned with presenting its holding in a way that will win …
Desperately Seeking A Moralist, Robin West
Desperately Seeking A Moralist, Robin West
Georgetown Law Faculty Publications and Other Works
In a recent issue of “Unbound”, Janet Halley reviews my book “Caring for Justice”, criticizing it for exhibiting a broad range of the problems she sees in all forms of "identitarian" legal writing, and therefore worthy of detailed critique. Halley begins her review by listing the representative missteps she finds in both my book and in identitarian politics generally, including, although certainly not limited to, an identification of the site of the subordinated group's injuries-for women, reproduction and sexuality with the site of its ethical lives and insights; a tendency to differentiate and present the interests of subordinate and dominant …
Does It Take A Village - Privatization, Patterns Of Restrictiveness And The Demise Of Community, Paula A. Franzese
Does It Take A Village - Privatization, Patterns Of Restrictiveness And The Demise Of Community, Paula A. Franzese
Villanova Law Review
No abstract provided.
Law, Belief, And Bildung: The Education Of Harry Edwards, Brian C. Murchison
Law, Belief, And Bildung: The Education Of Harry Edwards, Brian C. Murchison
Scholarly Articles
Not available.
Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein
Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein
Vanderbilt Law Review
In Buchanan v. Warley the Supreme Court found that a Louisville, Kentucky, residential segregation ordinance was unconstitutional because it interfered with the Fourteenth Amendment right to own and dispose of property and could not be justified as a police power measure.' The Buchanan decision came at a crucial juncture in the history of American race relations. Several cities in the southern and border states had recently passed residential segregation ordinances, and other cities were poised to follow suit if the Supreme Court ruled that such ordinances were constitutional. Several northern cities were considering adopting residential segregation laws as well,' and …
The Idea Of Juristic Method: A Tribute To Karl Llewellyn, William Twining
The Idea Of Juristic Method: A Tribute To Karl Llewellyn, William Twining
University of Miami Law Review
No abstract provided.
On First Considering Whether Law Binds, Rex J. Zedalis
On First Considering Whether Law Binds, Rex J. Zedalis
Indiana Law Journal
No abstract provided.
Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick
Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick
University of Miami Law Review
No abstract provided.
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
Osgoode Hall Law Journal
Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.
Are Citizens Justified In Being Suspicious Of The Law And The Legal System?, William J. Brennan Jr.
Are Citizens Justified In Being Suspicious Of The Law And The Legal System?, William J. Brennan Jr.
University of Miami Law Review
No abstract provided.
Running On Empty: Justice Brennan's Plea, The Empty State, The City Of Richmond, And The Profession, Kenneth M. Casebeer
Running On Empty: Justice Brennan's Plea, The Empty State, The City Of Richmond, And The Profession, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Sociology And Sociological Jurisprudence: Admixture Of Lore And Law, Gilbert Geis
Sociology And Sociological Jurisprudence: Admixture Of Lore And Law, Gilbert Geis
Kentucky Law Journal
No abstract provided.
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …