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Full-Text Articles in Law

The October 1989 Supreme Court Term And Antitrust: Power, Access, And Legitimacy, Stephen Calkins Jan 1990

The October 1989 Supreme Court Term And Antitrust: Power, Access, And Legitimacy, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter Jan 1990

Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter

Law Faculty Research Publications

Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and ...