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Articles 1 - 28 of 28
Full-Text Articles in Legal Writing and Research
An Order, Most Fixed, Alexandra D. Lahav
An Order, Most Fixed, Alexandra D. Lahav
Michigan Law Review
A Review of Rules: A Short History of What We Live By. By Lorraine Daston.
Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry
Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry
Michigan Law Review
Part I of our Review discusses the central premises of Understanding Privacy, with particular attention paid to Solove's pragmatic methodology and his taxonomy of privacy. We introduce his pluralistic approach to conceptualizing privacy, which urges decision makers to assess privacy problems in context, and we explore his view that meaningful choices about privacy depend on an appreciation of how privacy benefits society as a whole. We also describe how Solove's taxonomy aims to account for the variety of activities that threaten privacy. In Part II, we analyze the strengths of Solove's pragmatism by demonstrating its functionality and flexibility in …
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Michigan Law Review
In Part I, I expand on the distinction between the Horatian and the Menippean forms of satire and then suggest that a similarly bold division can be used to map satirical legal studies. In support of that argument, I use the example of the earliest surviving satirical legal poem within the Western tradition. My analysis of this exemplary satirical legal artifact delineates four principal modes of legal satire that will organize the ensuing discussion of more contemporary examples of the genre. In Part II, I will address the currently popular and yet somewhat novel mode of ad hominem or nominate …
The Unruliness Of Rules, Peter A. Alces
The Unruliness Of Rules, Peter A. Alces
Michigan Law Review
Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Michigan Law Review
The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …
Democratic Justice In Transition, Marion Smiley
Democratic Justice In Transition, Marion Smiley
Michigan Law Review
Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …
Where Is My Body? Stanley Fish's Long Goodbye To Law, Richard Delgado
Where Is My Body? Stanley Fish's Long Goodbye To Law, Richard Delgado
Michigan Law Review
Stanley Fish, author of Doing What Comes Naturally, Is There a Text in This Class?, There's No Such Thing as Free Speech, and It's a Good Thing, Too, and other paradigm-shifting books, and who recently left law teaching for a position in university administration, has written one last volume giving his colleagues in the profession he left behind something to think about. In his previous work, Fish, who taught English and law at Duke University, addressed central legal issues such as meaning, communication, and textual interpretation, challenging such received wisdoms as that every text has a single, determinate meaning, or …
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
Michigan Law Review
For legal scholars it is the best of times. We are inundated by an eclectic range of writing that pushes the envelope from analysis and synthesis to the upper reaches of theory. Mainstream topics face fierce competition from fresh ideological visions, a variety of genres, and spirited criticism of the status quo. Young professors have access to a burgeoning variety of journals to circulate their ideas and advice while the mass media covets them as public intellectuals. There is a less sanguine mood; an increasingly vocal group of scholars complain that it is the worst of times and refer to …
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Michigan Law Review
The essence of James Thuo Gathii's criticism of Governmental Illegitimacy in International Law is that my study seeks to answer a doctrinal question rather than to challenge the "Eurocentric" assumptions that pervade doctrinal thinking. Although I (inevitably) take exception to some of Professor Gathii's characterizations of the book's details, an elaborate clarification and defense of these finer points would amount to an uninteresting response to an interesting essay. Indeed, since Gathii characterizes the book as "well written, well-argued, and well-researched," and since I am in sympathy with the considerations that prompt him to go beyond the scope of what I …
Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii
Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii
Michigan Law Review
Brad R. Roth's Governmental Illegitimacy in International Law is a neoconservative realist response to liberal internationalists (or universalists). As a critique, the book unsurprisingly legitimizes the subject of its attack: liberal internationalism. That is so since in their opposition to each other, liberal internationalists and neoconservative realists fall within the same discursive formation - a Euro-American hegemony of thinking, writing, critiquing, engaging, producing, and practicing international law. This Review is an antihegemonic critique. It seeks to decenter this Euro-American opposition between liberal internationalism and neoconservative realism that has characterized the study of international law, especially in the post-Cold War period. …
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Rejoinder: Twailing International Law, James Thuo Gathii
Rejoinder: Twailing International Law, James Thuo Gathii
Michigan Law Review
Brad Roth's response to my Review of his book seeks to privilege his approach to international law as the most defensible. His response does not engage one of the central claims of my Review - that present within international legal scholarship and praxis is a simultaneous and dialectical coexistence of the dominant conservative/liberal approach with alternative or Third World approaches to thinking and writing international law. Roth calls these alternative approaches critical and does not consider them insightful for purposes of dealing with issues such as anticolonialism. Roth's characterization of my Review as falling within critical approaches to international law …
Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman
Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman
Michigan Law Review
The Practice of Justice: A Theory of Lawyers' Ethics, by William H. Simon, is one of the most thoughtful and important books in legal theory - not just legal ethics - published in the past ten years. Like David Luban's seminal contribution to legal ethics, Lawyers and Justice: An Ethical Study, published a decade ago, Simon's book is a deliberate rival to accounts of lawyers' professional responsibility that begin with a command to zealous advocacy, end with a prohibition on outright illegal conduct, and offer nothing in between. Authors and commentators have grown increasingly dissatisfied with this as the basic …
The Interpreters, Kenneth L. Karst
The Interpreters, Kenneth L. Karst
Michigan Law Review
A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White
"Aliens Are Coming! Drain The Pool", John D. Ayer
"Aliens Are Coming! Drain The Pool", John D. Ayer
Michigan Law Review
A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner
Hurst: Law And Social Process In United States History, Robert S. Hunt
Hurst: Law And Social Process In United States History, Robert S. Hunt
Michigan Law Review
A Review of Law and Social Process in United States History. By James Willard Hurst.
Hart & Honoré: Causation In The Law, Luke K. Cooperrider
Hart & Honoré: Causation In The Law, Luke K. Cooperrider
Michigan Law Review
A Review of CAUSATION IN THE LAW. By H. L. A. Hart and A. M. Honore.
Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer
Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer
Michigan Law Review
A Review of The Philosophy of Law in Historical Perspective. By C. J. Friedrich.
Wu: Fountain Of Justice, Thomas E. Davitt S.J.
Wu: Fountain Of Justice, Thomas E. Davitt S.J.
Michigan Law Review
A Review of Fountain of Justice. By John C.H. Wu.
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Michigan Law Review
Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.
Michigan Law Review
A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.
Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.
Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.
Michigan Law Review
A Review of The "Higher Law" Background of American Constitutional Law. By Edward S. Corwin.
Cahn: The Moral Decision, William R. Jentes S.Ed.
Cahn: The Moral Decision, William R. Jentes S.Ed.
Michigan Law Review
A Review of The Moral Decision. By Edmond Cahn
Petrazycki: Law And Morality, William R. Jentes S.Ed.
Petrazycki: Law And Morality, William R. Jentes S.Ed.
Michigan Law Review
A Review of Law and Mortality. By Leon Petrazycki
Cohen: The Principles Of World Citizenship, Samuel I. Shuman
Cohen: The Principles Of World Citizenship, Samuel I. Shuman
Michigan Law Review
A Review of The Principles of World Citizenship. By L. Jonathan Cohen
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …