Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Legal History
“In The Judge’S Heart:” Rethinking The Role Of Empathy In The Supreme Court Nomination And Confirmation Process, Louis H. Guard
“In The Judge’S Heart:” Rethinking The Role Of Empathy In The Supreme Court Nomination And Confirmation Process, Louis H. Guard
Cornell Law School J.D. Student Research Papers
This paper addresses President Obama’s standard of “empathy” as a qualification for potential nominees to the Supreme Court. The paper seeks to germinate answers to questions surrounding the meaning and purpose of empathy as a quality for Supreme Court Justices and ways empathy might be effectively promoted moving forward. Working within the narrow but recent line of scholarship on empathy this paper supports the position that empathy is both a desirable and necessary quality for nominees to the Court. However, the paper and research also suggests that empathy should not be the only major defining quality considered by the president …
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Cornell Law School J.D. Student Research Papers
This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions: structural, material, …