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Full-Text Articles in Legal Writing and Research

The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii Apr 2020

The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii

Honors Theses

This thesis explores the role of morality in law through a critical examination of the work of one of the most widely cited and renowned judicial scholars, H.L.A. Hart. His modified theory of positivism, which denotes that law and morality are separable and that legal rules may have any content, has had an enduring impact on the landscape of judicial thought in the last century. As Hart’s work has had an indelible hand in shaping analytical jurisprudence and as it exemplifies the antithesis of my argument, it will serve as a theoretical foil. From it, I hope to articulate my …


Table Of Contents Jan 2020

Table Of Contents

Touro Law Review

No abstract provided.


Table Of Contents Jan 2020

Table Of Contents

Touro Law Review

No abstract provided.


Masthead, Editorial Board Jan 2020

Masthead, Editorial Board

Touro Law Review

No abstract provided.


Masthead Jan 2020

Masthead

Touro Law Review

No abstract provided.


Table Of Contents Jan 2020

Table Of Contents

Touro Law Review

No abstract provided.


Masthead Jan 2020

Masthead

Touro Law Review

No abstract provided.


The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander Jan 2020

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.


Fixing America's Founding, Maeve Glass Jan 2020

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …