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Full-Text Articles in Law
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Publications
No abstract provided.
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber
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No abstract provided.
A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein
A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein
Publications
This short essay attempts a systematic rehearsal of the structuralist approach to legal historiography.
Structuralist Legal Histories, Justin Desautels-Stein
Structuralist Legal Histories, Justin Desautels-Stein
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This is a contribution to a symposium titled "Theorizing Contemporary Legal Thought." The central theme of the piece is the relation between legal structuralism and legal historiography.
Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber
Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber
Publications
No abstract provided.
Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein
Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein
Publications
Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
Meeting The Enemy, Robert F. Nagel
A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag
A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag
Publications
No abstract provided.