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Legal History Commons™

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Duke Law

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Articles 91 - 109 of 109

Full-Text Articles in Legal History

Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler Jan 2000

Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler

Faculty Scholarship

Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)


Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler Jan 2000

Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler Jan 2000

Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler

Faculty Scholarship

An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.

This paper attempts to provide a …


Rationing Justice—What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice—What Thomas More Would Say, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle Jan 1993

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle

Faculty Scholarship

No abstract provided.


Habeas Corpus And The Penalty Of Death, Michael E. Tigar Jan 1990

Habeas Corpus And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Original Understanding And The Constitution, Michael E. Tigar Jan 1988

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Legal Fiction, James Boyle Jan 1987

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.


Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne Jan 1986

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Consensus And Objectivity In Early Constitutional Interpretation: An Unproven Thesis (Book Review), H. Jefferson Powell Jan 1986

Consensus And Objectivity In Early Constitutional Interpretation: An Unproven Thesis (Book Review), H. Jefferson Powell

Faculty Scholarship

Reviewing Christohper Wolfe, The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law (1986)


Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar Jan 1986

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.


Book Review, Michael E. Tigar Jan 1984

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Right Of Property And The Law Of Theft, Michael E. Tigar Jan 1984

The Right Of Property And The Law Of Theft, Michael E. Tigar

Faculty Scholarship

No abstract provided.


A Graphic Review Of The Free Speech Clause, William W. Van Alstyne Jan 1982

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.


The Perils Of Writing An Intellectual History Of Torts, George C. Christie Jan 1981

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Faculty Scholarship

No abstract provided.


The Mccarthy Era: History As Snapshot, Michael E. Tigar Jan 1980

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.


First Two Volumes Of Holmes Devise History Of The United States Supreme Court Are Published, George C. Christie Jan 1972

First Two Volumes Of Holmes Devise History Of The United States Supreme Court Are Published, George C. Christie

Faculty Scholarship

Article focuses on review of the first volume of the Holmes Devise History, Julius Goebel, Jr., Antecedents and Beginnings to 1801 (1971)


The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy Jan 1971

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.


Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar Jan 1965

Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar

Faculty Scholarship

No abstract provided.