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Post-Realist Blues: Formalism, Instrumentalism, And The Hybrid Nature Of Common Law Jurisprudence, Marin Roger Scordato
Post-Realist Blues: Formalism, Instrumentalism, And The Hybrid Nature Of Common Law Jurisprudence, Marin Roger Scordato
Scholarly Articles
At the beginning of the twentieth century, it was widely believed that appellate courts determined the outcome of disputed issues of law predominately by the application of pre-existing precedent and time honored legal maxims. The primary work of the common law courts was thought to be this distinctive identification, maintenance, inductive development and case specific deductive application of the body of precedent in its jurisdiction, sometimes known as formalism.
Starting with the influence of the legal realists in the 1920s, a profound shift took place in the dominant conception of the nature of common law jurisprudence. Here, at the beginning …
The International Legal Environment For Serious Political Reporting Has Fundamentally Changed: Understanding The Revolutionary New Era Of English Defamation Law, Marin Roger Scordato
The International Legal Environment For Serious Political Reporting Has Fundamentally Changed: Understanding The Revolutionary New Era Of English Defamation Law, Marin Roger Scordato
Scholarly Articles
On October 11, 2006, Britain's highest court, the House of Lords, issued a blockbuster ruling that completely changed the landscape of libel law and press freedoms in the United Kingdom. The Times of London described the case, Jameel v. Wall Street Journal, as, "a judgment that lawyers predict will usher in a new era of journalism." Given England's reputation as an attractive jurisdiction for defamation plaintiffs and a frequent destination for "libel tourism," this case is likely to alter the environment for serious political journalism throughout Europe and North America.
This article carefully describes the case, including its key holdings …