Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (4)
- Constitutional Law (3)
- Public Law and Legal Theory (3)
- Criminal Law (2)
- Criminal Procedure (2)
-
- Judges (2)
- Law and Politics (2)
- Law and Society (2)
- Rule of Law (2)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Fourth Amendment (1)
- Human Rights Law (1)
- International Law (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Law Enforcement and Corrections (1)
- Law and Economics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Legal History
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
All Faculty Scholarship
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to legislative …
Law As Interpretation, Charles W. Collier
Law As Interpretation, Charles W. Collier
Charles W. Collier
In this Article, I shall trace out separate professional narratives in common law, constitutional law, and in legal cases turning on the distinction between community and society (Part III). But first I should like to situate these legal-professional narratives within a broader interdisciplinary framework (Part II).
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
International Legal Structuralism: A Primer, Justin Desautels-Stein
International Legal Structuralism: A Primer, Justin Desautels-Stein
Publications
International legal structuralism arrived on the shores of international thought in the 1980s. The arrival was not well-received, perhaps in part, because it was not well-understood. This essay aims to reintroduce legal structuralism and hopefully pave the way for new, and more positive, receptions and understandings. This reintroduction is organized around two claims regarding the broader encounter between international lawyers and critical theory in the ‘80s. The first was a jurisprudential claim about how the critics sought to show how international law was nothing more than a continuation of international politics by other means. The second was a historical claim …
A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein
A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein
Publications
This short essay attempts a systematic rehearsal of the structuralist approach to legal historiography.
The Political Economy Of "Constitutional Political Economy", Jeremy K. Kessler
The Political Economy Of "Constitutional Political Economy", Jeremy K. Kessler
Faculty Scholarship
Since the early 1990s, constitutional history has experienced a renaissance. This revival had many causes, but three stand out: the Rehnquist Court's attack on formerly sacrosanct features of the "New Deal agenda"; Reagan-Era reassessments of American political development by political scientists, historians, and historical sociologists; and the frustration of constitutional scholars with the inability of legal process theory or political philosophy to produce "authoritative constitutional principles." Spurred by legal crisis and this mix of disciplinary innovation and stagnation, law professors began to tell new stories about our constitutional heritage. They focused on the sources and significance of the New Deal's …