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- Compensatory remedies (1)
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Articles 1 - 6 of 6
Full-Text Articles in Legal History
Designing Judicial Review: A Comment On Schauer, Emily Sherwin
Designing Judicial Review: A Comment On Schauer, Emily Sherwin
Emily L Sherwin
In his characteristically lucid paper, Neutrality and Judicial Review, Frederick Schauer revisits the meaning and plausibility of Herbert Wechsler’s argument for neutral principles in constitutional adjudication. Unlike some critics, Schauer takes the argument seriously, on its own terms, and does an excellent job of sorting through the different ideas that lie behind it. Schauer identifies four different versions of the argument for neutrality. At least three of these are drawn from Wechsler’s 1959 article. Schauer is particularly interested in a fourth version, which favors neutrality in the design and management of the institution of judicial review.
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Emily L Sherwin
No abstract provided.
Two- And Three-Dimensional Property Rights, Emily Sherwin
Two- And Three-Dimensional Property Rights, Emily Sherwin
Emily L Sherwin
No abstract provided.
Compensation And Revenge, Emily Sherwin
Law And Equity In Contract Enforcement, Emily Sherwin
Law And Equity In Contract Enforcement, Emily Sherwin
Emily L Sherwin
No abstract provided.
Legal Taxonomy, Emily Sherwin
Legal Taxonomy, Emily Sherwin
Emily L Sherwin
This essay examines the ambition to taxonomize law and the different methods a legal taxonomer might employ. Three possibilities emerge. The first is a formal taxonomy that classifies legal materials according to rules of order and clarity. Formal taxonomy is primarily conventional and has no normative implications for judicial decision-making. The second possibility is a function-based taxonomy that classifies laws according to their social functions. Function-based taxonomy can influence legal decision-making indirectly, as a gatekeeping mechanism, but it does not provide decisional standards for courts. Its objective is to assist in analysis and criticism of law by providing an overview …