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Articles 1 - 16 of 16

Full-Text Articles in Legal History

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank Jan 2019

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

Faculty Scholarship at Penn Law

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as ...


Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock Jan 2015

Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock

Faculty Scholarship at Penn Law

In this contribution to a symposium on "Legal Realism and Legal Doctrine," I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.

Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately ...


Structure And Value In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky Jan 2015

Structure And Value In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky

Faculty Scholarship at Penn Law

Legal concepts are seen today as archaic relics of the past, and as representing a largely dispensable feature of the common law. This Article challenges the widely accepted view of legal concepts as remnants of formalist thinking, and argues that legal concepts play a crucial role in ensuring the vitality and subsistence of the common law over time, place, and context. Legal concepts embody what we term “a duality of meaning,” which effects a separation between a concept’s analytical and normative meanings. The analytical (or structural) meaning of a concept is, at its core, well-defined and remains stable over ...


Pluralistic Nonoriginalism And The Combinability Problem, Mitchell N. Berman Jan 2013

Pluralistic Nonoriginalism And The Combinability Problem, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Law's Aspirations, Kermit Roosevelt Iii Jan 2012

Law's Aspirations, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman Jan 2011

"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman Jan 2010

Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Originalism Is Bunk, Mitchell N. Berman Jan 2009

Originalism Is Bunk, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz Jan 2003

Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman Jan 2001

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


On Hate And Equality, Alon Harel, Gideon Parchomovsky Jan 1999

On Hate And Equality, Alon Harel, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz Jan 1998

Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1996

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Comparative Jurisprudence (I): What Was It Like To Try A Rat?, William B. Ewald Jan 1995

Comparative Jurisprudence (I): What Was It Like To Try A Rat?, William B. Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman Jan 1989

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

Faculty Scholarship at Penn Law

No abstract provided.


Rising Above Principle, Geoffrey C. Hazard Jr. Jan 1986

Rising Above Principle, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.