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Articles 1261 - 1290 of 1441
Full-Text Articles in Jurisprudence
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Scholarly Works
Professor J.M. Balkin’s recent essay in Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balin’s thesis that a postmodern constitutionalism …
Reconstructing Liberty, Robin West
Reconstructing Liberty, Robin West
Georgetown Law Faculty Publications and Other Works
It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …
Status, Contract, And History: A Dialectical View, Matthew P. Bergman
Status, Contract, And History: A Dialectical View, Matthew P. Bergman
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green
Reviews
David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …
Redefining Radicalism: A Historical Perspective, Walter J. Walsh
Redefining Radicalism: A Historical Perspective, Walter J. Walsh
Articles
This Essay suggests that Unger's attack on formalism and objectivism is not so new. After noting the early contributions of Thomas Hobbes and Jeremy Bentham, it does so by particular reference to the critique of William Sampson (1764-1836), the banished Irish civil rights lawyer and political activist, who led an intellectual charge upon the American common law more than a century and a half ago. It also suggests that by depicting the common law as incompatible with the egalitarian ideal of a democratic republic, Sampson sowed the seeds of a distinct radical tradition of which the critical legal studies movement …
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Articles
The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.
Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson
Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson
Scholarly Works
It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: "It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other." More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and …
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Cardozo Law Review
No abstract provided.
Resisting Theory, Jonathan Culler
History's Challenge To Feminism, Jeanne L. Schroeder
History's Challenge To Feminism, Jeanne L. Schroeder
History's Challenge To Feminism, Jeanne L. Schroeder
Michigan Law Review
A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson
Dalhousie Law Journal
To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
The Hohfeldian Approach To Law And Semiotics, J. M. Balkin
University of Miami Law Review
No abstract provided.
Virtues And Voices, Lawrence B. Solum
Virtues And Voices, Lawrence B. Solum
Faculty Scholarship
This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an …
A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii
A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
UIC Law Review
No abstract provided.
Scots Law In Post-Revolutionary And Nineteenth-Century America: The Neglected Jurisprudence, C. Paul Rogers Iii
Scots Law In Post-Revolutionary And Nineteenth-Century America: The Neglected Jurisprudence, C. Paul Rogers Iii
Faculty Journal Articles and Book Chapters
No abstract provided.
Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon
Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon
Scholarly Works
No abstract provided.
Meeting The Enemy, Robert F. Nagel
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Cardozo Law Review
No abstract provided.
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
Faculty Scholarship
This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
Hegel: A User's Manual, Richard Hyland
Hegel And Employment At Will: A Comment, Richard A. Posner
Hegel And Employment At Will: A Comment, Richard A. Posner
Cardozo Law Review
No abstract provided.
Truth And The Law: A Critical View Of Community, Jan G. Deutsch
Truth And The Law: A Critical View Of Community, Jan G. Deutsch
Cardozo Law Review
No abstract provided.
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
Seattle University Law Review
This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.