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Full-Text Articles in Law

Building A Home For The Laws Of The World: Part 1: Bates, Cook, And Coffey, Margaret A. Leary Jun 2003

Building A Home For The Laws Of The World: Part 1: Bates, Cook, And Coffey, Margaret A. Leary

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The following feature is an edited version of "Building a Foreign Law Collection at the University of Michigan Law Library, 1910-1960."© Margaret A. Leary, 2002, which originally appeared at 94 Law Library Journal 395-425 (2002), and appears here with permission of the author. The first part of the article appears here; the conclusion will appear in the next issue of Law Quadrangle Notes.


Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper Jan 2003

Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper

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The question I explore here, stated in its broadest form, is this: What is the connection between theory and practice between academic claims about how judges should decide cases and the actual behavior of judges as revealed in the opinions they write? More particularly, do theories about the nature of law have any implications for the question whether a judge should adopt an "activist" or a "restrained" approach to deciding cases? As you might infer from my title, I defend here what I call "the skeptical thesis" in answer to both the general and particular questions. Judges pay little or …