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Jurisprudence

Series

1989

Institution
Keyword
Publication

Articles 31 - 34 of 34

Full-Text Articles in Law

Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 …