Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Philosophy (4)
- Legal Philosophy (3)
- Epistemology (2)
- Affirmative Action (1)
- Chaotic Systems (1)
-
- Conventionalism (1)
- Corporation law (1)
- Corporations (1)
- Decision Making (1)
- Elections (1)
- Emotions (1)
- Feminism (1)
- Formalism (1)
- Freedom (1)
- International Law (1)
- Law (1)
- Logic (1)
- Negotiation (1)
- Pragmatism (1)
- President of the United States (1)
- Public Interest Law (1)
- Recognition (1)
- Ronald M. Dworkin (1)
- Semantics (1)
- Wythe Lecture (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Functional Corporate Knowledge, Mihailis Diamantis
Functional Corporate Knowledge, Mihailis Diamantis
William & Mary Law Review
The line between guilt and innocence often turns on what a defendant knew. Although the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. Whereas knowledge as a mens rea has unique practical and normative properties that vary with a corporation’s size and industry, corporate law treats knowledge just like any other mental …
The Next Forty Presidents, Ori Aronson
The Next Forty Presidents, Ori Aronson
William & Mary Journal of Race, Gender, and Social Justice
A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women alone—rather to the electorate as a whole. Due to several of its unique characteristics, the presidency turns out to be particularly fitting to innovation that would correct past injustices of political exclusion. Corrective justice, affirmative action, feminist critique, voter autonomy, and the democratic costs of identity politics …
The Real Legal Realism, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Popular Media
No abstract provided.
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
Faculty Publications
No abstract provided.
Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon
Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon
William & Mary Law Review
Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and experimentation. This style is reflected in a variety of innovative responses to social problems, including drug courts, ecosystem management, and "new accountability" educational reform. The new understanding represents a significant challenge to an influential view of law among politically liberal lawyers over the past fifty years. That view, Legal Liberalism, …
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Faculty Publications
No abstract provided.
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Faculty Publications
No abstract provided.
Chaos Theory And The Justice Paradox, Robert E. Scott
Chaos Theory And The Justice Paradox, Robert E. Scott
William & Mary Law Review
No abstract provided.