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Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag Jan 2009

Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag

Publications

After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented--that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law's empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see …


A Reply--The Missing Portion, Pierre Schlag Jan 2003

A Reply--The Missing Portion, Pierre Schlag

Publications

No abstract provided.


Justice White And Judicial Review, Philip J. Weiser Jan 2003

Justice White And Judicial Review, Philip J. Weiser

Publications

No abstract provided.


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Publications

No abstract provided.


The Empty Circles Of Liberal Justification, Pierre Schlag Jan 1997

The Empty Circles Of Liberal Justification, Pierre Schlag

Publications

No abstract provided.


Forty Years In The Desert, Paul F. Campos Jan 1995

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.


Foreword: Postmodernism And Law, Pierre Schlag Jan 1991

Foreword: Postmodernism And Law, Pierre Schlag

Publications

No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.