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Full-Text Articles in Law
First Principles, Jeremy R. Paul
First Principles, Jeremy R. Paul
Jeremy R. Paul
This commentary responds to Professor Frederick Schauer's article, Constitutional Positivism, which appears earlier in this issue of the Connecticut Law Review.
Will They Come When You Call?, Jeremy R. Paul
Will They Come When You Call?, Jeremy R. Paul
Jeremy R. Paul
This essay was written marking the completion of Hugh Macgill's extraordinarily successful term as Dean of the University of Connecticut School of Law. I believe the skills Hugh displayed in leading sophisticated teachers and students offer important lessons to our broader political community. I will make that case along the following lines. First, I will link the challenges to political authority that form a core part of our understanding of the Vietnam and Watergate era with intellectual developments in the legal academy that have marked the last twenty-five years. Second, I will explain how criticisms developed in the narrow context …
Can Rights Move Left?, Jeremy R. Paul
Can Rights Move Left?, Jeremy R. Paul
Jeremy R. Paul
This article is a review of The Right to Private Property by Jeremy Waldron, New York: Oxford University Press, 1988.
Beyond Reason And Interest, Jeremy Paul
Beyond Reason And Interest, Jeremy Paul
Jeremy R. Paul
As is often the case with a work of genius, Pierre Schlag's The Enchantment of Reason is both stunningly impressive and maddeningly perplexing. It cuts to the heart of all that happens within the legal academy (and sometimes beyond) by identifying our central, and, according to Pierre, highly implausible, premise. Legal academicians and other members of the culture in which we thrive speak "as if" life's most difficult challenges are generally amenable to reasoned solutions. Pierre then thrills us with a deft display of the shallowness of such a poorly disguised conceit. His reasoning is so good, his questions so …
Reel To Real, Jeremy R. Paul
Reel To Real, Jeremy R. Paul
Jeremy R. Paul
In this article, I circle back to a story I told some time ago, about how the process of legal reasoning mirrors the process of reasoning about decisions in everyday life.
Free States Or Red States: The Supreme Court's Role In Recent Election Law Disputes, Jeremy R. Paul
Free States Or Red States: The Supreme Court's Role In Recent Election Law Disputes, Jeremy R. Paul
Jeremy R. Paul
Professor Gardner's wide-ranging essay, Forcing States to be Free: the Emerging Constitutional Guarantee of Radical Democracy is in the best tradition of American legal scholarship. Gardner finds a common narrative in recent U.S. Supreme Court decisions involving the seemingly disparate doctrinal areas of free speech law, equal protection constraints on voting district lines, and election law. He then proceeds to criticize the Court's embarrassing performance in Bush v. Palm Beach County Canvassing Board, and its follow-up Bush v. Gore, not as a sui generis effort to manipulate political outcomes, but instead as a part of the mistaken trend he has …
A Bedtime Story, Jeremy R. Paul
A Bedtime Story, Jeremy R. Paul
Jeremy R. Paul
This essay has two parts. Part I contains a brief explanation of the ideas about teaching legal reasoning that led me to write an introductory story for my first-year students. Part II is the story itself.