Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Justice Holmes (2)
- Due process (1)
- Eminent domain (1)
- Equal protection of the law (1)
- Gender equality (1)
-
- Holmsean Legacy (1)
- Humanism (1)
- Law and economics (1)
- Law and literature (1)
- Liberalism (1)
- Mahon (1)
- Marianne Constable (1)
- Property rights (1)
- Public interest (1)
- Racial equality (1)
- Richard Posner (1)
- Richard Weisberg (1)
- Ronald Dwarkin (1)
- Same-sex marriage (1)
- Supreme Court (1)
- Takings Clause (1)
- Theory of legal justice (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West
Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West
Georgetown Law Faculty Publications and Other Works
Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …
Toward Humanistic Theories Of Legal Justice, Robin West
Toward Humanistic Theories Of Legal Justice, Robin West
Georgetown Law Faculty Publications and Other Works
In an oft-quoted aside, Justice Holmes once remarked that when lawyers in his courtroom make appeal to justice, he stops listening: such appeals do nothing but signal that the lawyer has neither the facts nor law on his side, or worse, that he is ignorant of whatever law might be relevant.' Holmes's remark has not gone unheeded. Holmes's legacy, in part, is precisely this lapse: we don't have, or teach, a guiding theory of legal justice, nor do we have, or teach, a family of competing theories of legal justice, that might inform our work in law, at least as …
Understanding Mahon In Historical Context, William Michael Treanor
Understanding Mahon In Historical Context, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Despite its enormous influence on constitutional law, Pennsylvania Coal Co. v. Mahon is just such an opinion; the primary purpose of the author’s article Jam for Justice Holmes: Reassessing the Significance of Mahon is to clarify Holmes's intent by placing the opinion in historical context and in the context of Holmes's other opinions. While other scholars have also sought to place Mahon in context, his account differs in large part because of its recognition, as part of the background of Mahon, of a separate line of cases involving businesses affected with a public interest.
The author argues that at …