Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
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 …
The October 1989 Supreme Court Term And Antitrust: Power, Access, And Legitimacy, Stephen Calkins
The October 1989 Supreme Court Term And Antitrust: Power, Access, And Legitimacy, Stephen Calkins
Law Faculty Research Publications
No abstract provided.