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Articles 31 - 34 of 34
Full-Text Articles in Law
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
All Faculty Scholarship
No abstract provided.
Abortion, Incommensurability, And Jurisprudence, Joan C. Williams
Abortion, Incommensurability, And Jurisprudence, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Development Of The Nineteenth-Century Consensus Theory Of Contract, Philip A. Hamburger
The Development Of The Nineteenth-Century Consensus Theory Of Contract, Philip A. Hamburger
Faculty Scholarship
The consensus theory is well known. According to consensus theory, contract is the product of the consensus or "meeting of the minds" of contracting parties; if there is no consensus, there is no contract. Today, even after repeated challenges, consensus theory continues to be important and even essential in many approaches to contract.
The role of the parties' consensus was not always apparent in case law. Until well into the nineteenth century, the most important remedy for breach of contract in both England and America was the action for breach of promise known as "assumpsit." As a result, lawyers typically …
Faith And Justice, Lawrence B. Solum
Faith And Justice, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
What is the relationship between faith and justice? In particular, this Article will address the question of what a Justice of the United States Supreme Court should do, when her religious faith suggests that a case should be resolved in a way that is either inconsistent with the law or not justified by nonreligious, public reasons. May she rely on her religious beliefs to resolve a hard case? May she write an opinion that uses religious grounds to justify her decision?
In this Article, I will undertake to elaborate and defend a distinctively liberal position concerning faith and justice. My …