Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Reflections On The Hart And Wechsler Paradigm, Richard H. Fallon, Jr.
Reflections On The Hart And Wechsler Paradigm, Richard H. Fallon, Jr.
Vanderbilt Law Review
The Federal Courts field may be experiencing a methodological crisis, but if so, it is a methodological crisis of a peculiar kind. The problem is not that new methodologies threaten traditional modes of analysis. On the contrary, the difficulty is that we have been doing largely the same thing for more than forty years--asking much the same questions formulated by Henry Hart and Herbert Wechsler in the first edition of The Federal Courts and the Federal System' and trying to answer them with roughly the same techniques. Not surprisingly, a number of people would like to throw off the Hart …
Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik
Rereading "The Federal Courts": Revising The Domain Of Federal Courts Jurisprudence At The End Of The Twentieth Century, Judith Resnik
Vanderbilt Law Review
A first enterprise in understanding and reframing Federal Courts jurisprudence is to locate, descriptively, "the Federal Courts." This activity-identifying the topic-may seem too obvious for comment, but I hope to show its utility. One must start with a bit of history, going back to the "beginning" of this body of jurisprudence. The relevant date is 1928, when Felix Frankfurter and James Landis, who began this conversation, published their book, The Business of the Supreme Court: A Study in the Federal Judicial System. Three years later, in 1931, Felix Frankfurter, then joined by Wilber G. Katz (and later by Harry Shulman), …