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Public Law and Legal Theory

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2010

Judicial Decisions

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Legal Realism Explains Nothing, Anthony D'Amato Jan 2010

Legal Realism Explains Nothing, Anthony D'Amato

Faculty Working Papers

I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.

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