Law Commons^™

"One Good Man": The Jacksonian Shape Of Nuremberg, John Q. Barrett

Faculty Publications

(Excerpt)

Robert H. Jackson (1892-1954) was a Justice of the Supreme Court of the United States when President Truman asked him in April 1945 to take on, and Jackson accepted responsibility to be the chief United States prosecutor of Nazi war criminals. The International Military Tribunal proceedings that commenced seven months later in Nuremberg, Germany—the first and, in public memory, the Nuremberg trial—are, like Jackson himself, well-known, especially to this audience of participants, witnesses and experts.

The Nuremberg story of Justice Jackson—he who was first among Allied equals at Nuremberg; he who was its architect—is not, however, merely a story …

Formalism In American Contract Law: Classical And Contemporary, Mark L. Movsesian

Faculty Publications

It is a universally acknowledged truth that we live in a formalist era—at least when it comes to American contract law. Much more than the jurisprudence of a generation ago, today's cutting-edge work in American contract scholarship values the formalist virtues of bright-line rules, objective interpretation, and party autonomy. Policing bargains for substantive fairness seems more and more an outdated notion. Courts, it is thought, should refrain from interfering with market exchanges. Private arbitration has displaced courts in the context of many traditional contract disputes. Even adhesion contracts find their defenders, much to the chagrin of communitarian scholars.

This is …