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Full-Text Articles in Law
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
The Art Of International Law, Hilary Charlesworth
The Art Of International Law, Hilary Charlesworth
American University Law Review
International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai
Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women And Jurisprudence, Ma. Elodia Robles Sotomayor
Women And Jurisprudence, Ma. Elodia Robles Sotomayor
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …
Extending The Revisionist Project, Lewis Grossman
Extending The Revisionist Project, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.