Legal History Commons^™

Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Posner's Economic Approach To Comparative Law, William Ewald

All Faculty Scholarship

No abstract provided.

Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Hart's Methodological Positivism, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley

All Faculty Scholarship

Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …

Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch

All Faculty Scholarship

In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …

Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

Comment On Maccormick, William Ewald

All Faculty Scholarship

No abstract provided.

Two Models Of Legal Principles, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery

All Faculty Scholarship

No abstract provided.

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

All Faculty Scholarship

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

All Faculty Scholarship

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

All Faculty Scholarship

No abstract provided.

The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Brain And Blame, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Practicing Poetry, Teaching Law, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

On A New Theory Of Justice, William Ewald

All Faculty Scholarship

No abstract provided.

The Roman Foundations Of European Law, William Ewald

All Faculty Scholarship

No abstract provided.

Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager

All Faculty Scholarship

No abstract provided.

The Moral Foundations Of Tort Law, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Antitrust Movement And The Rise Of Industrial Organization, Herbert J. Hovenkamp

All Faculty Scholarship

The modern science of industrial organization grew out of a debate among lawyers and economists in the waning years of the nineteenth century. For Americans, the emergent business "trust" provoked a dialogue about how the law should respond. Many of the formal theories of industrial organization, such as the ruinous competition doctrine, the potential competition doctrine, and the post-classical concern about vertical integration, were actually borrowed from the law.

Anglo-American and European economists disputed the proper domain of theory and description in economic analysis. The British approach was exemplified Alfred and Mary Paley Marshall's Economics of Industry, published in …

Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman

All Faculty Scholarship

No abstract provided.

Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Introducing Criminal Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.