Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Dissent (1)
- Doctrine (1)
- Due Process (1)
- Economic Liberty (1)
- Hermeneutics (1)
-
- Hurtado (1)
- Incorporation (1)
- International law (1)
- International legal positivism (1)
- Jurisprudence (1)
- Legal positivism (1)
- Legal theory (1)
- Lochner (1)
- Mcdonald (1)
- Normal justification thesis (1)
- Opinion map (1)
- Powell v. Alabama (1)
- Procedural due process (1)
- Separation thesis (1)
- Slaughter house (1)
- Substantive due process (1)
- Tradition (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
All Faculty Scholarship
Everybody loves great dissents. Professors teach them, students learn from them, and journalists quote them. Yet legal scholars have long puzzled over how dissents actually impact the development of doctrine. Recent work by notable empirical scholars proposes to measure the influence of dissents by reference to their subsequent citation in case law. This Article challenges the theoretical basis for this empirical approach and argues that it fails to account for the profound influence that uncited dissents have exerted in law. To overcome this gap in the empirical approach, this Article proposes an alternative method that permits analysis of contextual and …
What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers
What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers
All Faculty Scholarship
What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth century-of Lassa Oppenheim' at best, and at worst of his model, John Austin, who famously denied that international law is or ever could be genuine law at all, "properly so called." 2 "Positive" law in its central and most usual sense is law "set by a sovereign individual or a sovereign body ... to a person or persons in …