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Full-Text Articles in Law

Bull Durham And The Uses Of Theory, Steven L. Winter Feb 1990

Bull Durham And The Uses Of Theory, Steven L. Winter

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 …


Mediation Of Civil Cases: Neither Panacea Nor Anathema (A Prescription For Change In Procedural Rules), Lawrence C. Mann Jan 1990

Mediation Of Civil Cases: Neither Panacea Nor Anathema (A Prescription For Change In Procedural Rules), Lawrence C. Mann

Law Faculty Research Publications

No abstract provided.


Between Chiarella And Congress: A Guide To The Private Cause Of Action For Insider Trading Under The Federal Securities Laws, Peter J. Henning Jan 1990

Between Chiarella And Congress: A Guide To The Private Cause Of Action For Insider Trading Under The Federal Securities Laws, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler Jan 1990

Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


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.


Essay Review: The Civil Rights Struggle In Retrospect: Review Of Cruse: Plural But Equal, And Bell: And We Are Not Saved, Robert Allen Sedler Jan 1990

Essay Review: The Civil Rights Struggle In Retrospect: Review Of Cruse: Plural But Equal, And Bell: And We Are Not Saved, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler Jan 1990

The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.