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Full-Text Articles in Law
The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove
The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove
Michigan Law Review
What is the most widely read work of jurisprudence by those in the legal system? Is it H.L.A. Hart's The Concept of Law? Ronald Dworkin's Law's Empire? No. It is actually the Multistate Bar Exam ("Bar Exam"). Perhaps no other work on law has been so widely read by those in the legal profession. Although the precise text of the Bar Exam is different every year, it presents a jurisprudence that transcends the specific language of its text. Each year, thousands of lawyers-to-be ponder over it, learning its profound teachings on the meaning of the law. They study …
Rule-Oriented Realism, Emily Sherwin
Rule-Oriented Realism, Emily Sherwin
Michigan Law Review
In his new book The Law and Ethics of Restitution, Hanoch Dagan undertakes to explain and justify the American law of restitution. He offers a broad theoretical account of this poorly understood subject, designed not only to fortify the substantive law of restitution but also to clarify the role and methodology of courts in developing the field. Dagan's book also provides lively discussion of the role of restitution in some of the most highly publicized legal developments of recent years. Those who think of restitution as an obscure branch of "legal remedies" may be surprised to read about the …
Theory Wars In The Conflict Of Laws, Louise Weinberg
Theory Wars In The Conflict Of Laws, Louise Weinberg
Michigan Law Review
Fifty years ago, at the height of modernism in all things, there was a great revolution in American choice-of-law theory. You cannot understand what is going on in the field of conflict of laws today without coming to grips with this central fact. With this revolution, the old formalistic way of choosing law was dethroned, and has occupied a humble position on the sidelines ever since. Yet there has been no lasting peace. The American conflicts revolution is still happening, and poor results are still frustrating good intentions. Now comes Dean Symeon Symeonides, the author of the choice of- law …
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman
Michigan Law Review
A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato
Jurisprudence On Parade, Hessel E. Yntema
Jurisprudence On Parade, Hessel E. Yntema
Michigan Law Review
Jurisprudence is part of the pageant that makes history. This is a truism that, it may be added, obtains irrespective of the view held as to the significance of general legal theory. To some, the constructs of jurisprudence may seem but laggard symbols of more vital facts and trends. The degree of the lag exhibited by the more celebrated of such constructs may suggest to an anthropologically-minded observer, such as Thurman Arnold, that the apparent function of jurisprudence in the present social climate is neither to represent reality nor to control the administration of justice, but rather by the magic …