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Full-Text Articles in Law

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Dec 2022

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …


Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law May 2022

Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …


Confrontation In The Age Of Plea Bargaining [Comments], William Ortman Jan 2021

Confrontation In The Age Of Plea Bargaining [Comments], William Ortman

Law Faculty Research Publications

No abstract provided.


Cardozo's Freudian Slips, Steven L. Winter Jan 2018

Cardozo's Freudian Slips, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Jack, Steven L. Winter Jan 2017

Jack, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Probable Cause Revisited, William Ortman Jan 2016

Probable Cause Revisited, William Ortman

Law Faculty Research Publications

No abstract provided.


Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony M. Dillof Jan 2014

Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.


Re-Embodying Law, Steven L. Winter Jan 2006

Re-Embodying Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Making The Familiar Conventional Again, Steven L. Winter Jan 2001

Making The Familiar Conventional Again, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Book Review And Commentary: What Price Freedom?, Vincent A. Wellman Jan 1997

Book Review And Commentary: What Price Freedom?, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.


The Òpoweró Thing, Steven L. Winter Jun 1996

The Òpoweró Thing, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


The Constitution Of Conscience, Steven L. Winter Jan 1994

The Constitution Of Conscience, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


One Size Fits All, Steven L. Winter Jan 1994

One Size Fits All, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Confident, But Still Not Positive, Steven L. Winter Jan 1993

Confident, But Still Not Positive, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


The Meaning Of Under Color Of Law, Steven L. Winter Jan 1992

The Meaning Of Under Color Of Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler Jan 1992

Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter Jun 1991

Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Foreword: On Building Houses, Steven L. Winter Jun 1991

Foreword: On Building Houses, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Without Privilege, Steven L. Winter Jan 1991

Without Privilege, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Contingency And Community In Normative Practice, Steven L. Winter Jan 1991

Contingency And Community In Normative Practice, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


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.


The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter Jan 1989

The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter Jan 1989

Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler Jan 1985

Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Interest Analysis And Forum Preference In The Conflict Of Laws: A Response To The "New Critics", Robert A. Sedler Jan 1983

Interest Analysis And Forum Preference In The Conflict Of Laws: A Response To The "New Critics", Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne Jan 1982

Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.