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Full-Text Articles in Law
Ideas Of Relevance To Law, Mortimer J. Adler
Ideas Of Relevance To Law, Mortimer J. Adler
West Virginia Law Review
No abstract provided.
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins
West Virginia Law Review
No abstract provided.
The Language And Logic Of Law: A Case Study, David N. Haynes
The Language And Logic Of Law: A Case Study, David N. Haynes
University of Miami Law Review
Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …
Professor Nagel's Reflections On Cardozo, Anthony D'Amato
Professor Nagel's Reflections On Cardozo, Anthony D'Amato
Cardozo Law Review
In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.
In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …
Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel
Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel
Cardozo Law Review
No abstract provided.