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Articles 1 - 9 of 9

Full-Text Articles in Law

Of Moral Outrage In Judicial Opinions, Duane Rudolph Apr 2020

Of Moral Outrage In Judicial Opinions, Duane Rudolph

William & Mary Journal of Race, Gender, and Social Justice

Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal philosophy known as hermeneutics that deals with the interpretation and understanding of texts, the Article argues that in interpreting and understanding cases judges should express moral outrage when faced with individuals from communities whose voice has historically been at risk, is currently at risk, …


How Well Do We Treat Each Other In Contract?, Aditi Bagchi Feb 2018

How Well Do We Treat Each Other In Contract?, Aditi Bagchi

William & Mary Business Law Review

One of the important contributions of Nathan Oman’s new book is to draw focus onto the quality of the relationships enabled by contract. He claims that contract, by supporting markets, cultivates certain virtues; helps facilitate cooperation among people with diverse commitments; and produces the wealth that may fuel interpersonal and social justice. These claims are all plausible, though subject to individual challenge. However, there is an alternative story to tell about the kinds of relationships that arise from markets--i.e., a story about domination. The experience of domination is driven in part by the necessity, inequality, and competition enjoined by markets, …


Contract Law And The Common Good, Brian H. Bix Feb 2018

Contract Law And The Common Good, Brian H. Bix

William & Mary Business Law Review

In The Dignity of Commerce, Nathan Oman offers a theory of contract law that is largely descriptive, but also strongly normative. His theory presents contract law’s purpose as supporting robust markets. This Article compares and contrasts Oman’s argument about the proper understanding of contract law with one presented over eighty years earlier by Morris Cohen. Oman’s focus is on the connection between Contract Law and markets; Cohen’s connection had been between Contract Law and the public interest. Oman’s work brings back Cohen’s basic insight, and gives it a more concrete form, as a formidable normative theory with detailed prescriptions.


The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha May 2015

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.


The Living Commerce Clause: Federalism In Progressive Political Theory And The Commerce Clause After Lopez And Morrison, Eric R. Claeys Dec 2002

The Living Commerce Clause: Federalism In Progressive Political Theory And The Commerce Clause After Lopez And Morrison, Eric R. Claeys

William & Mary Bill of Rights Journal

"Living Constitution " ideas are most often associated with individual-rights guarantees like equal protection and due process, but they were originally developed in the early twentieth century to revolutionize the law of the structural Constitution - including the Commerce Clause. In this Article, Professor Claeys interprets Progressive political theory, which played a crucial role in legitimating the expansion of the national government. As applied to federalism, Progressive living-Constitution theory required that the Commerce Clause be interpreted as a constitutional transmitter letting the national government regulate whatever the American people deem to be a national problem. He suggests that this notion …


The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong Apr 1999

The Anti-Essentialism V. Essentialism Debate In Feminist Legal Theory: The Debate And Beyond, Jane Wong

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Missing The "Play Of Intelligence", Daniel A. Farber Oct 1994

Missing The "Play Of Intelligence", Daniel A. Farber

William & Mary Law Review

No abstract provided.


The Trial Of Oliver Wendell Holmes, Rodney A. Smolla Oct 1994

The Trial Of Oliver Wendell Holmes, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


Chaos Theory And The Justice Paradox, Robert E. Scott Oct 1993

Chaos Theory And The Justice Paradox, Robert E. Scott

William & Mary Law Review

No abstract provided.