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Legal Profession

Jurisprudence

American University Washington College of Law

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Full-Text Articles in Law

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle Jan 2023

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle

Articles in Law Reviews & Other Academic Journals

This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …


The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García Jan 2010

The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman Jan 2007

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Extending The Revisionist Project, Lewis Grossman Jan 2002

Extending The Revisionist Project, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.