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Articles 151 - 180 of 302
Full-Text Articles in Jurisprudence
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
Articles
No abstract provided.
Rabbinic Legal Magic: A New Look At Honi's Circle As The Construction Of Law's Space, Suzanne Last Stone
Rabbinic Legal Magic: A New Look At Honi's Circle As The Construction Of Law's Space, Suzanne Last Stone
Articles
The article reinterprets Honi the Circle Drawer's actions as a legal performative, arguing that his act of drawing a circle constitutes the creation of a legal space rather than a magical ritual. By establishing a jurisdictional boundary, Honi compels a divine response, illustrating a sophisticated legal framework within rabbinic culture. This analysis challenges the view of early rabbinic practices as primarily magical, instead emphasizing their legal underpinnings and the use of rituals to establish jurisdiction.
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
Articles
No abstract provided.
On Commonplace Punishment Theory, Kyron J. Huigens
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Articles
Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
Articles
Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …
Duress Is Not A Justification, Kyron J. Huigens
Gaming Delaware, William Wilson Bratton
Fletcher's Rethinking: A Memoir, Kyron J. Huigens
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
Articles
No abstract provided.
The Immense Rumor, Peter Goodrich
The Immense Rumor, Peter Goodrich
Articles
The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Articles
No abstract provided.
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack
Articles
No abstract provided.
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
Dignity And Desert In Punishment Theory, Kyron J. Huigens
Dignity And Desert In Punishment Theory, Kyron J. Huigens
Articles
No abstract provided.
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Articles
The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson
Articles
The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.
Retrenchment On Entrenchment, Stewart E. Sterk
Retrenchment On Entrenchment, Stewart E. Sterk
Articles
The article critiques the argument by Posner and Vermeule that legislative entrenchment—where a legislature passes laws that future legislatures cannot repeal without special procedures—is constitutionally permissible and normatively attractive. The author, Stewart E. Sterk, contends that their argument is flawed because it fails to address whether courts should enforce such entrenched laws, rendering their case legally and normatively incoherent. Sterk argues that entrenchment undermines democratic principles by allowing one legislature to bind future legislatures, potentially leading to intergenerational inequity and abuse by special interest groups. He advocates for mechanisms allowing future legislatures to adjust laws as needed, ensuring flexibility and …
The Internet And The Persistence Of Law, Justin Hughes
The Internet And The Persistence Of Law, Justin Hughes
Articles
Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …
How To Be A Moorean, Donald H. Regan
How To Be A Moorean, Donald H. Regan
Articles
G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1
[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin
Articles
No abstract provided.
To Do Is To Be, Zanita E. Fenton
The Physician As A Conscientious Objector, J. David Bleich
The Physician As A Conscientious Objector, J. David Bleich
Articles
No abstract provided.
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
Articles
The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Articles
No abstract provided.
Homicide In Aretaic Terms, Kyron J. Huigens
Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport
Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Articles
This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …
Textual Imagination, Mary D. Fan
Textual Imagination, Mary D. Fan
Articles
Textualism's revival illuminated the judicial imagination at play behind the search for congressional intent through legislative history. The Supreme Court’s decision in Buckhannon Board & Care Home v. West Virginia Department of Health & Human Resources shows the Supreme Court’s mounting disregard for legislative history and concomitant attempt to erect replacement canons of statutory construction to guide textual interpretation. The opinion privileged a canon of statutory construction over the legislative record of congressional intent. Of more imminent and practical impact, Buckhannon invalidated the catalyst theory of awarding plaintiff’s fees to “prevailing parties” under statutes authorizing private attorneys general to bring …
Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend
Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend
Articles
This Article considers interdisciplinarity and the legal curriculum in the context of probability and statistics. Section D of Part II begins the discussion by sketching some multidisciplinary, pluridisciplinary, interdisciplinary, and transdisciplinary approaches. Part III is the workhorse of this Article. The particular example used here is the well-known jury discrimination case of Castaneda v. Partida as described in Section A. This "case study" provides the basis for a crossdisciplinary experience that offers students an opportunity to think about law as a discipline. It is difficult for students to step back and look at law as a discipline when there is …