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Full-Text Articles in Law
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan
Faculty Scholarship
No abstract provided.
Law And Judicial Duty, Philip A. Hamburger
Law And Judicial Duty, Philip A. Hamburger
Faculty Scholarship
Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."
He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …
About Morality And The Nature Of Law, Joseph Raz
About Morality And The Nature Of Law, Joseph Raz
Faculty Scholarship
In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.