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Full-Text Articles in Law

A Grammar Of Legal Thought, Derek H. Kiernan-Johnson Jan 2021

A Grammar Of Legal Thought, Derek H. Kiernan-Johnson

Publications

No abstract provided.


The Unruliness Of Rules, Peter A. Alces Sep 2019

The Unruliness Of Rules, Peter A. Alces

Peter A. Alces

No abstract provided.


Reclaiming A Great Judge's Legacy, Frank M. Coffin Apr 2018

Reclaiming A Great Judge's Legacy, Frank M. Coffin

Maine Law Review

In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …


Basic Trial Advocacy, Michael W. Mullane Apr 2018

Basic Trial Advocacy, Michael W. Mullane

Maine Law Review

Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and all …


Who Are You Calling Irrational?, Aneil Kovvali Apr 2016

Who Are You Calling Irrational?, Aneil Kovvali

Northwestern University Law Review

Nudges are interventions that encourage people to make particular choices by shaping the context in which the choices are made. These interventions can have major impacts because of quirks in the way that human beings process information. Cass Sunstein places nudges at the core of a regulatory philosophy of “libertarian paternalism,” which suggests that while the government should generally preserve the freedom of citizens to make their own choices, it should also intervene to improve on the choices it deems self-destructive. In Why Nudge?, Sunstein defends libertarian paternalism against John Stuart Mill’s Harm Principle, which holds that the government …


The Unconscionable War On Moral Conscience, Michael Stokes Paulsen Apr 2016

The Unconscionable War On Moral Conscience, Michael Stokes Paulsen

Notre Dame Law Review

My thesis in this review builds on and is inspired in part by George’s book: Where, or to the extent that, a conflict between conscience and authority reduces to a pure stand on principle by each side—sincere conscience for its sake versus authority for its—in a free society conscience should almost always win. The only time that claims of government authority should triumph over genuine claims of religious conscience is when religiously motivated conduct would produce essentially intolerable harm to others—harm of a kind and degree that would lead one to conclude (in effect, not literally) that it is inconceivable …


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …


Mr. Justice Black: Some Passing Observations, Ronald K. L. Collins Feb 2013

Mr. Justice Black: Some Passing Observations, Ronald K. L. Collins

Pepperdine Law Review

No abstract provided.


Renegotiating The Social Contract, Jennifer S. Hendricks Jan 2012

Renegotiating The Social Contract, Jennifer S. Hendricks

Publications

This review of The Supportive State: Families, Government and America’s Political Ideals highlights Maxine Eichner’s important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The review then considers some implications of Eichner’s proposals and their likely reception among feminists. It concludes that The Supportive State is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.


The Unruliness Of Rules, Peter A. Alces Jan 2003

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.


Is The Republic Circling The Drain?, W. Taylor Reveley Iii Jan 2002

Is The Republic Circling The Drain?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


Jurisprudence Noire, Pierre Schlag Jan 2001

Jurisprudence Noire, Pierre Schlag

Publications

No abstract provided.


The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Publications

No abstract provided.


Book Review Of Patterns Of American Jurisprudence, By Neil Duxbury, William P. Lapiana Jan 1997

Book Review Of Patterns Of American Jurisprudence, By Neil Duxbury, William P. Lapiana

Other Publications

No abstract provided.


Law And Fancy, Robin West Jan 1997

Law And Fancy, Robin West

Georgetown Law Faculty Publications and Other Works

Martha Nussbaum's graceful book Poetic Justice is an elegant brief for the importance of our capacity for imaginative "fancy" to our moral and legal lives. Imaginative fancy, Nussbaum argues, allows us to know the internal substance and quality of the lives of others. It allows us to come to appreciate, to understand, to share, and ultimately to resist others' suffering. It is, in short, the means by which we come to care about the fate and happiness of others. It is a part, but not the whole, of our capacity to transcend a narcissistic and infantile egoism. It is therefore …


Progress And Constitutionalism, Robert F. Nagel Jan 1996

Progress And Constitutionalism, Robert F. Nagel

Publications

No abstract provided.


This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag Jan 1996

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Publications

No abstract provided.


Constitutional Fictions And Meritocratic Success Stories, Robin West Jan 1996

Constitutional Fictions And Meritocratic Success Stories, Robin West

Georgetown Law Faculty Publications and Other Works

L.H. LaRue demonstrates in his book, Constitutional Law as Fiction, that, at least in the realm of constitutional law, there is no simple correspondence between fiction and falsehood, or fact and truth. Partial or fictive accounts of our constitutional history, even when they are riddled with inaccuracies, may state deep truths about our world, and accurate recitations of historical events may be either intentionally or unintentionally misleading in the extreme. According to LaRue, the Supreme Court engages in a form of storytelling or myth-making that goes beyond the inevitably partial narratives of fact and precedent. The Supreme Court also tells …


The Untermensch As Ubermensch, Paul Campos Jan 1994

The Untermensch As Ubermensch, Paul Campos

Publications

No abstract provided.


Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr. Jan 1994

Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.

Other Publications

No abstract provided.


The Constitution Of Reasons, Robin West Jan 1994

The Constitution Of Reasons, Robin West

Georgetown Law Faculty Publications and Other Works

Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …


Book Review, Paul Campos Jan 1993

Book Review, Paul Campos

Publications

No abstract provided.


Murdering The Spirit: Racism, Rights, And Commerce, Robin West Jan 1992

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Georgetown Law Faculty Publications and Other Works

Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Contradiction And Denial, Pierre Schlag Jan 1989

Contradiction And Denial, Pierre Schlag

Publications

No abstract provided.


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


Book Review, Pierre Schlag Jan 1985

Book Review, Pierre Schlag

Publications

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.