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Full-Text Articles in Legal History
Pragmatic Indeterminacy, Anthony D'Amato
Pragmatic Indeterminacy, Anthony D'Amato
Faculty Working Papers
If, as a result of taking Indeterminacy seriously, we revolutionize the way we teach law and the way we select judges, then we will also revolutionize the way cases are litigated (because the new judges will expect to hear a different kind of argumentation) and the way people order their lives in anticipation of the way their disputes will be decided by these new judges.
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
Rhetorical Styles On The Fuller Court, Walter F. Pratt
Rhetorical Styles On The Fuller Court, Walter F. Pratt
Journal Articles
"Formalism" is the label regularly used to describe judicial opinions of the late nineteenth century. The label is descriptive when used in contradistinction to "instrumentalism." Use of the label, however, has certain drawbacks. For example, there is little objective or empirical evidence to support the application of the two antithetical terms. In addition, a single term cannot reflect whatever diversity of styles may exist among the judges of a single court. This article describes the results of an attempt to rectify those two drawbacks and to determine whether the Justices of the Supreme Court at the turn of the century—while …