Jurisprudence Commons^™

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas C. Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …

The Dialogue Of The Heart And Head, Lynne Henderson

Scholarly Works

No abstract provided.

Taking The Framers Seriously, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Taking the Constitution Seriously by Walter Berns (1987).

This review focuses on three of the key historical points that Walter Berns makes: his arguments that the Declaration of Independence is a Lockean document; that the Constitution encapsulates the political philosophy of the Declaration; and that the framers viewed the commercialization of society as a salutary development and were unambivalent champions of the right to property. Examination of these issues suggests that the ideological universe of the framers was far more complex than Berns indicates. While the revolutionary era witnessed a new concern with individual rights and a …

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Publications

No abstract provided.

Preface, Monroe E. Price

Cardozo Law Review

No abstract provided.

The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon

Cardozo Law Review

No abstract provided.

The Bork Nomination, Ronald M. Dworkin

Cardozo Law Review

No abstract provided.

The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

Comments On Carlson's Comments, John L. Hanks

Cardozo Law Review

No abstract provided.

Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg

Articles

The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis

Law Faculty Articles and Essays

A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson

Law Faculty Articles and Essays

This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

Fish V. Fish Or, Some Realism About Idealism, David Luban

Cardozo Law Review

No abstract provided.

The Judge, Marianne Wesson

Publications

No abstract provided.

Trials And The Federal Rules Of Evidence, Roger J. Miner '56

Bar Associations

No abstract provided.

Practical Reasoning And Judicial Justification: Toward An Adequate Theory, Vincent A. Wellman

Law Faculty Research Publications

No abstract provided.

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

UIC Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Book Review, Pierre Schlag

Publications

No abstract provided.

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Rules And Standards, Pierre Schlag

Publications

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.