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Articles 1 - 15 of 15
Full-Text Articles in Legal History
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Buffalo Law Review
According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this Essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. However, the Essay also shows that the idea is improperly attributed to the legal realists, as there are many references …
Causation, Legal History, And Legal Doctrine, Charles Barzun
Causation, Legal History, And Legal Doctrine, Charles Barzun
Buffalo Law Review
No abstract provided.
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
Buffalo Law Review
No abstract provided.
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Buffalo Law Review
No abstract provided.
The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld
The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld
Journal Articles
No abstract provided.
Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld
Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld
Book Reviews
No abstract provided.
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
Journal Articles
This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
The Structure Of Blackstone's Commentaries, Duncan Kennedy
The Structure Of Blackstone's Commentaries, Duncan Kennedy
Buffalo Law Review
No abstract provided.
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
Buffalo Law Review
No abstract provided.
Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis
Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis
Buffalo Law Review
No abstract provided.
The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel
The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel
Buffalo Law Review
No abstract provided.
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Buffalo Law Review
Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Buffalo Law Review
No abstract provided.