Law and Philosophy Commons^™

Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran

Michigan Law Review

This essay advances the hypothesis that aesthetic considerations play a role in the formulation of new legal procedures and the preference for one procedure over another. Of course, other considerations like the social impact of a particular procedure or procedural system, its economic consequences, and its role within existing legal institutions are important, often decisive, factors influencing procedural choice. My argument is simply that additional unarticulated and unrecognized aesthetic considerations also play a role in the procedural reform process. I refer to these elements as "aesthetic" because they focus on the formal qualities of a procedure (simplicity, elegance, coherence, and …

The Negative Constitution: A Critique, Susan Bandes

Michigan Law Review

Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.

Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler

Michigan Law Review

A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton

Critical Legal Studies, Michael F. Colosi

Michigan Law Review

A Review of Critical Legal Studies by Allan C. Hutchinson

Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten

Michigan Law Review

A Review of Evolutionary Jurisprudence: Prospects and Limitations on the Use of Modern Darwinism Throughout the Legal Process by John H. Beckstrom

Democracy And Its Critics, Cary Coglianese

Michigan Law Review

A Review of Democracy and Its Critics by Robert A. Dahl

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Michigan Law Review

A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson

Moralistic Liberalism And Legal Moralism, Robert P. George

Michigan Law Review

A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg

Can Rights Move Left?, Jeremy Paul

Michigan Law Review

A Review of The Right to Private Property by Jeremy Waldron

The Interpreters, Kenneth L. Karst

Michigan Law Review

A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White

Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane

Michigan Law Review

A Review of Happy Slaves: A Critique of Consent Theory by Don Herzog

Justice, Gender And The Family, Christine A. Pagac

Michigan Law Review

A Review of Justice, Gender and the Family by Susan Moller Okin

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman

"Aliens Are Coming! Drain The Pool", John D. Ayer

Michigan Law Review

A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner

The Law's Secrets, Gary T. Marx

Michigan Law Review

A Review of Legal Secrets: Equality and Efficiency in the Common Law by Kim Lane Scheppele

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman

Classical Republicanism And The American Revolution, Gordon S. Wood

Chicago-Kent Law Review

In his Classical Republicanism and the American Revolution, Professor Wood outlines the evolution of republicanism from antiquity to the eighteenth century and notes the ensuing evolution of American politics away from even this late republicanism.

The Virtue Of Liberality In American Communal Life, Linda R. Hirshman

Michigan Law Review

This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Bull Durham And The Uses Of Theory, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Selected Topics In Tort Law, Sheila L. Birnbaum, Robert Keeton, Richard Delgado, Deborah R. Hensler

University of Richmond Law Review Symposium

This speaker series took place over several days during the Spring semester of 1990.

"The Special Problems of Causation in Toxic Tort Cases" lecture given by Sheila L. Birnbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 23, 1990)

"Damage Recovery in Toxic Tort Suits" lecture given by Sheila L. Binbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 30, 1990)

"Methods and Roles in Tort Lawmaking" lecture given by The Honorable Robert Keeton, Langdell Professor Emeritus at Harvard Law School, U.S. District Court Judge for …

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Epistemology Of Judging: Wittgenstein And Deliberative Practices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part Ii, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Nomos And Thanatos (Part B): Feminism As Jurisgenerative Transformation, Or Resistance Through Partial Incorporation? Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In Part A of this essay, "The Killing Fields", I developed a critique of the disciplinary impulses that underlie modern law and legal theory. Invoking a number of perspectives and a plurality of analyses, I proposed that male-stream legal theory and contemporary law both assume as inevitable, and legitimize as appropriate, the funnelling of violence through law. The problem with a funnel, however, is that it does not curtail or reduce that which is channelled through it. On the contrary, to funnel is to condense and to intensify. Viewed from this perspective, interpreted from the bottom up, law and legal …

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.

Translation, Interpretation, And The Law, James Boyd White

Book Chapters

As my title suggests I wish here to elaborate some connections among the practices we know as translation, interpretation, and law.