Legal History, Theory and Process Commons™
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Recent Articles in Legal History, Theory and Process
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse 
Georgetown University Law Center
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is ...
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi 
Touro College Jacob D. Fuchsberg Law Center
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow 
NELLCO
The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow
New York University Public Law and Legal Theory Working Papers
Common wisdom has it that there is no federal constitutional right to an education; indeed, under our charter of negative liberties the common understanding is that there are no positive rights at all. This Article challenges common wisdom, arguing that there is in fact a federal constitutional right to a minimally adequate education. In doing so it calls into question the value of long-standing debates about the proper way to interpret the Constitution and suggests an alternative—not a new one, but a time-honored methodology. While theoretical battles about interpretation rage, judges (on both the right and left) continue to ...
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast 
BLR
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast
University of Southern California Law and Economics Working Paper Series
Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law that does not account for the distinctive attributes of legal order as compared with other forms of social order. Drawing on a model developed elsewhere, we reinterpret key case studies to demonstrate how a theoretically informed approach illuminates questions about emergence, stability, and function of law in supporting economic and democratic growth.
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. SOUAIAIA 
University of Iowa
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding 
IIT Chicago-Kent College of Law
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
Documents
No abstract provided.
Chicago's "Great Boodle Trial", Todd Haugh IIT Chicago-Kent College of Law
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt IIT Chicago-Kent College of Law
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
Documents
No abstract provided.
The Legacy Of In Re Neagle, Harold J. Krent IIT Chicago-Kent College of Law
The Changing Composition Of The American Jury, Nancy S. Marder IIT Chicago-Kent College of Law
The Changing Composition Of The American Jury, Nancy S. Marder
Documents
No abstract provided.
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein IIT Chicago-Kent College of Law
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
Documents
No abstract provided.
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro IIT Chicago-Kent College of Law
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
Documents
No abstract provided.
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson IIT Chicago-Kent College of Law
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
Documents
No abstract provided.
Chicago-Kent: 125 Years And Counting, Ralph L. Brill IIT Chicago-Kent College of Law
The Unwritten Law And Its Writers, Frederick J. Moreau 
Pepperdine University
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's “Pluralism And Perfectionism In Private Law”, Jedediah Purdy 
Duke Law
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's “Pluralism And Perfectionism In Private Law”, Jedediah Purdy
Faculty Scholarship
No abstract provided.
Reading, Writing, And Questions In Advance: Teaching English Legal History, Daniel M. Klerman BLR
Reading, Writing, And Questions In Advance: Teaching English Legal History, Daniel M. Klerman
University of Southern California Legal Studies Working Paper Series
This short essay describes and explains a teaching method with four key elements: (1) telling students in advance the questions to be discussed in the next class, (2) requiring some students to submit written answers to the questions before class, (3) assigning only short, primary source readings, (4) banning laptops, recording classes, and distributing PowerPoint slides. This method enhances the quality of class discussion and helps students appreciate the importance of careful reading of primary sources. With minor modifications, this method can also be used for modern law classes.
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss Pepperdine University
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow Pepperdine University
Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges: Past, Present And Future, John Paul Jones Pepperdine University
Administrative Law Judges: Past, Present And Future, John Paul Jones
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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