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Articles 31 - 60 of 86
Full-Text Articles in Judges
Politics And Denial, Pierre Schlag
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Publications
No abstract provided.
No Vehicles In The Park, Pierre Schlag
Authorizing Interpretation, Pierre Schlag
Watts: The Decline Of The Jury, William T. Pizzi
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Publications
No abstract provided.
Playing Defense, Robert F. Nagel
Playing Defense, Robert F. Nagel
Publications
Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.
In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …
Fact-Bargaining: An American Phenomenon, William T. Pizzi
Fact-Bargaining: An American Phenomenon, William T. Pizzi
Publications
No abstract provided.
A Text Is Just A Text, Paul F. Campos
The Chaotic Pseudotext, Paul F. Campos
Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi
Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi
Publications
No abstract provided.
Lessons From Reforming Inquisitorial Systems, William T. Pizzi
Lessons From Reforming Inquisitorial Systems, William T. Pizzi
Publications
No abstract provided.
Anti-Intellectualism, Pierre Schlag
Avoiding Error In Closing Argument, H. Patrick Furman
Avoiding Error In Closing Argument, H. Patrick Furman
Publications
No abstract provided.
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
Publications
No abstract provided.
Terminator 2, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Publications
No abstract provided.
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
Clerks In The Maze, Pierre Schlag
Liberals And Balancing, Robert F. Nagel
Media Masala: Why Women's Control Matters, Sarah Krakoff
Media Masala: Why Women's Control Matters, Sarah Krakoff
Publications
No abstract provided.
Pre-Figuration And Evaluation, Pierre Schlag
Pre-Figuration And Evaluation, Pierre Schlag
Publications
In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.
Writing For Judges, Pierre Schlag
The Thomas Hearings: Watching Ourselves, Robert F. Nagel
The Thomas Hearings: Watching Ourselves, Robert F. Nagel
Publications
No abstract provided.
Specialized Courts In Administrative Law, Harold H. Bruff
Specialized Courts In Administrative Law, Harold H. Bruff
Publications
No abstract provided.