Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Michigan Law Review
A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky
Roman Law As A Political Agenda, Mathias Reimann
Roman Law As A Political Agenda, Mathias Reimann
Michigan Law Review
A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman
The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin
The Concept Of Law And The New Public Law Scholarship, Edward L. Rubin
Michigan Law Review
This article is an attempt to identify the nature of an emerging field of legal scholarship known as "New Public Law." "New," of course, is a dangerous term. Our society's image of itself as forward looking and its tendency to market itself to itself through claims of novelty has spawned a range of phrases from the New Deal to the New Criticism to various new, improved laundry detergents. One does not hear very many positive comments about the "old" these days. The argument that old ways of doing things are better has become an emblem of mistaken thought, and the …
The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes
The Unintended Cultural Consequences Of Public Policy: A Comment On The Symposium, Richard H. Pildes
Michigan Law Review
In this essay, I want to try to build on it in order to suggest forms a genuinely New Public Law scholarship might take. My aim is to embrace much of what New Public Law thought has urged: the marginality of common law doctrine or judicial decisionmaking; the need to attend to profound disaffections with the modem regulatory state; an acceptance of the complex, dynamic relationship of public policy and private understandings; a recognition that public values are constituted not only at the grandest levels of policy formation, but also in the myriad microscopic day-to-day experiences of policy. In my …
The New Public Law Movement: Moderation As A Postmodern Cultural Form, William N. Eskridge Jr., Gary Peller
The New Public Law Movement: Moderation As A Postmodern Cultural Form, William N. Eskridge Jr., Gary Peller
Michigan Law Review
The past twenty years have witnessed an explosion of public law scholarship, as legal scholars reconceptualized themes of administrative law, legislation, and constitutional law; created almost from scratch whole new areas of public law scholarship, including discrimination, environmental, and consumer protection theory; and enlivened discourse with concepts drawn from microeconomics, public choice theory, civic republicanism, practical philosophy, and hermeneutics. This intellectually intense activity has suggested the possibility that public law discourse has entered a "critical stage" and stimulated the Michigan Law Review to hold a conference in October 1990 on whether there is something that might be called "New Public …