Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Agreement (1)
- American legal history (1)
- Antitrust (1)
- Assent (1)
- Avatars (1)
-
- Behavioral law & economics (1)
- Classical legal thought (1)
- Contract negotiation (1)
- Contracts (1)
- Corporate law (1)
- Crime control (1)
- Criminal law (1)
- Cultural ruptures (1)
- Cyberspace (1)
- Dislocations (1)
- Disproportionate penalties (1)
- Double jeopardy (1)
- Drafting (1)
- Economic history (1)
- Empirical analysis (1)
- Entrapment (1)
- Exclusionary rule (1)
- Failures of justice (1)
- Formalism (1)
- Formality (1)
- Formation (1)
- Higher education (1)
- Holmes (1)
- Justification defenses (1)
- Labor law (1)
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law and Society
A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin
A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin
Journal Publications
Citizens live within their unit's belief systems and superstitions. Truth is derived from family narratives, stories spun by old friends, outbursts from neighbours, barbers, religious figures, and priests. Certainty and comfort come from living in these spaces. But there is a wider world out there with characters doing things that conflict with routine. Higher education illuminates this realm. Legal education predicts what authorities will do about their antics and, while this is a laudable undertaking in the abstract, legal education should do more. It should arm the next generation with tools to cope with cultural ruptures, social confusion, dislocations, avatars, …
The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson
The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson
All Faculty Scholarship
By definition, vigilantes cannot be legally justified – if they satisfied a justification defense, for example, they would not be law-breakers – but they may well be morally justified, if their aim is to provide the order and justice that the criminal justice system has failed to provide in a breach of the social contract. Yet, even moral vigilantism is detrimental to society and ought to be avoided, ideally not by prosecuting moral vigilantism but by avoiding the creation of situations that would call for it. Unfortunately, the U.S. criminal justice system has adopted a wide range of criminal law …
The Common Sense Of Contract Formation, Tess Wilkinson-Ryan, David A. Hoffman
The Common Sense Of Contract Formation, Tess Wilkinson-Ryan, David A. Hoffman
All Faculty Scholarship
What parties know and think they know about contract law affects their obligations under the law and their intuitive obligations toward one another. Drawing on a series of new experimental questionnaire studies, this Article makes two contributions.First, it lays out what information and beliefs ordinary individuals have about how to form contracts with one another. We find that the colloquial understanding of contract law is almost entirely focused on formalization rather than actual assent, though the modern doctrine of contract formation takes the opposite stance. The second Part of the Article tries to get at whether this misunderstanding matters. Is …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …