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Articles 1 - 5 of 5
Full-Text Articles in Law
Pluralism And Property, Gregory S. Alexander
Pluralism And Property, Gregory S. Alexander
Cornell Law Faculty Publications
Welfarism is no longer the only game in the town of property theory. In the last several years a number of property scholars have begun developing various versions of a general vision of property and ownership that, although consistent with welfarism in some respects, purports to provide an alternative to the still-dominant welfarist account. This alternative proceeds under different labels, including “virtue theory” and “progressive,” but for convenience purposes let us call them collectively “social obligation” theories. For what they have in common is a desire to correct the common but mistaken notion that ownership is solely about rights. These …
The Two Faces Of American Freedom: A Reply, Aziz Rana
The Two Faces Of American Freedom: A Reply, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Cornell Law Faculty Publications
This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Analysis, W. Bradley Wendel
Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Analysis, W. Bradley Wendel
Cornell Law Faculty Publications
This paper aims to understand the logic that underlies a familiar type of legal scholarship, in which the author purports to explain or render intelligible some legal doctrine or area of law in terms of an end or rationale. Loosely speaking, the argument is that some doctrine is "all about" some end. This form of argument is familiar but undertheorized, so this paper draws from the philosophy of science, particularly the notion of inference to the best explanation (IBE), to clarify the underlying rhetorical strategy of doctrinal legal scholarship. One way of making IBE arguments with reference to legal doctrine …
The Origins, Nature, And Promise Of Empirical Legal Studies And A Response To Concerns, Theodore Eisenberg
The Origins, Nature, And Promise Of Empirical Legal Studies And A Response To Concerns, Theodore Eisenberg
Cornell Law Faculty Publications
This Article describes the origins of three movements in legal academia: empirical legal studies (ELS), law and society, and law and economics. It then quantifies the distribution across scholarly fields (for example, economics and psychology) of authors in these movements’ journals and reports the impact of the movements’ scholarly journals. By focusing on two leading law and economics journals, this Article also explores the effect of a journal being centered in law schools rather than in a social science discipline. It suggests that ELS has achieved rapid growth and impact within the academic legal community because of (1) its association …