Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky
On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky
Book Reviews
Review of Kermit L. Hall, The Politics of Justice: Lower Federal Judicial Selection and the Second Party System and Mary K. Bonsteel Tachau, Federal Courts in the Early Republic: Kentucky 1789-1816.
Two Modes Of Legal Thought, George P. Fletcher
Two Modes Of Legal Thought, George P. Fletcher
Faculty Scholarship
We should begin with a confession of ignorance. We have no jurisprudence of legal scholarship. Scholars expatiate at length on the work of other actors in the legal culture – legislators, judges, prosecutors, and even practicing lawyers. Yet we reflect little about what we are doing when we write about the law. We have a journal about the craft of teaching, but none about the craft of scholarship.
In view of our ignorance, we should pay particular heed to our point of departure. I start with the observation that legal scholarship expresses itself in a variety of verbal forms. Descriptive …
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …