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Articles 61 - 90 of 93
Full-Text Articles in Law
Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser
Comparative Law And Comparative Literature: A Project In Progress, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
How Law Is Formal And Why It Matters, Robert S. Summers
How Law Is Formal And Why It Matters, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf
A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser
Judicial (Self-)Portraits: Judicial Discourse In The French Legal System, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
The French legal system, according to its official pronouncements, functions on a rigid conception of the interpretive and creative role of the civil, private law judge. This conception may be thought of as an "official portrait": It is an image or representation of the judge and of the nature of the judicial role. The official portrait, which represents an interpretive ideology that posits a perfectly grammatical mode of reading the legal code, has been the source of much confusion, especially to common lawyers. This portrait's predominance in the French legal system, and its effect on French judicial practice, has never …
Prediction And The Rule Of Law, Michael C. Dorf
Prediction And The Rule Of Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Dicta And Article Iii, Michael C. Dorf
Dicta And Article Iii, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
An Essay On Private Remedies, Emily Sherwin
An Essay On Private Remedies, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
The Formal Character Of Law, Robert S. Summers
The Formal Character Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Fighting With Angry Women: A Response To Lasson, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers
Summers's Primer On Fuller's Jurisprudence – A Wholly Disinterested Assessment Of The Reviews By Professors Wueste And Lebel, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin
Cornell Law Faculty Publications
Correspondence provoked by the publication of Dean Paul D. Carrington's article, "Of Law and the River," 34 J. Legal Educ. 222 (1984).
Working Conceptions Of "The Law", Robert S. Summers
Working Conceptions Of "The Law", Robert S. Summers
Cornell Law Faculty Publications
This exploratory essay is an admixture of amateur psychology, moral theory, and jurisprudence. It grows out of seminars I have given for judges, and reflects that focus. Co-theorists will now see some of what I have been telling practitioners. And error in my story may be exposed. But one can have no qualms about this. It is especially important to have things put right for judges.
Reply To Mr Mackie, Robert S. Summers
Reply To Mr Mackie, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg
Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg
Cornell Law Faculty Publications
Bankruptcy Law In Perspective, Theodore Eisenberg
Bankruptcy Law In Perspective, Theodore Eisenberg
Cornell Law Faculty Publications
The new bankruptcy act is a failure. Its shortcomings show that we need to change the way we think about bankruptcy law. The problem is not so much with the new bankruptcy act's treatment of any specific issue, though larger problems manifest themselves through questionable specific provisions. Rather, the problem is the way in which bankruptcy law is perceived as an area separate from the rest of the legal world. In many respects the new bankruptcy act inadequately reflects bankruptcy law's existence as part of a legal structure that includes many other federal laws, a Constitution, and detailed treatment of …
Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers
Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers
Cornell Law Faculty Publications
The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.
Reflections On A Unified Theory Of Motive, Theodore Eisenberg
Reflections On A Unified Theory Of Motive, Theodore Eisenberg
Cornell Law Faculty Publications
No abstract provided.
A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers
A Critique Of Professor Fried’S Anatomy Of Values, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The New Analytical Jurists, Robert S. Summers
The New Analytical Jurists, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
Cornell Law Faculty Publications
The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Natural Law Demythologized: A Functional Theory Of Norms For A Revolutionary Epoch, E. F. Roberts
Cornell Law Faculty Publications
Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of …
A Brief Rejoinder To Professor Mullock, Robert S. Summers
A Brief Rejoinder To Professor Mullock, Robert S. Summers
Cornell Law Faculty Publications
Mullock on Summers on Hart is bad enough, but Summers on Mullock on Summers on Hart is worse. Fortunately or unfortunately, there is no rule (primary or secondary) entitling either of us to vouch Professor Hart into the proceedings. With all due respect to Professor Mullock (and to me, of course), I fear the two of us may be compounding erroneous interpretations of Professor Hart’s work. Sans Hart, I shall exercise admirable restraint and argue over the meaning of the scripture. Regrettably, Professor Mullock and I are both defenders of the faith; I had hoped to draw the fire of …
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Professor H.L.A. Hart's Concept Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Justiciability, Robert S. Summers
Justiciability, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
"Is" And "Ought" In Legal Philosophy, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Logic In The Law, Robert S. Summers
Logic In The Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.