Legal Studies Commons^™

Sozialpolitik Anders Denken. Das Verursacherprinzip – Von Der Umweltpolitischen Zur Sozialpolitischen Anwendung, Isidor Wallimann, Esteban Piñeiro

Books

The “polluter pays” principle in environmental law assumes that the actor would reduce or avoid adverse effects of his actions if he had to bear the consequences of those actions (internalization of effects). Such internalization can generally be done in two ways: either by avoiding or eliminating the harmful effects or by wearing the financial consequences of the injury. It is therefore on the one hand to have an incentive effect, on the other to a compensatory effect.

Pineiro and Wallimann apply these societal cost principles from the environmental world to the social realm, where social problems can be seen …

The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The author argues that the aretaic turn in constitutional theory is an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.

Part II, Institutionalism and Constitutional …

Procedural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?

The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive …

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Buffalo Law Review

No abstract provided.

Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington

Journal of Legal Education

No abstract provided.

Discipline-Based Faculty, David E. Van Zandt

Journal of Legal Education

No abstract provided.

Tenure, Devon W. Carbado, Mitu Gulati

Journal of Legal Education

No abstract provided.

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel

Journal Articles

No abstract provided.

Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang

Faculty Scholarship

No abstract provided.

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

Scholarly Works

This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.

Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications

Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper

Articles

The question I explore here, stated in its broadest form, is this: What is the connection between theory and practice between academic claims about how judges should decide cases and the actual behavior of judges as revealed in the opinions they write? More particularly, do theories about the nature of law have any implications for the question whether a judge should adopt an "activist" or a "restrained" approach to deciding cases? As you might infer from my title, I defend here what I call "the skeptical thesis" in answer to both the general and particular questions. Judges pay little or …

The Black And White Of Profiling: Sniping On The Sniper Case, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the construct of profiling in the aftermath of the arrest of two suspects in the recent sniper attacks perpetrated in the greater Washington, D.C. area.

Gary Minda's Boycott In America: How Imagination And Ideology Shape The Legal Mind, Robert J. Steinfeld

Book Reviews

No abstract provided.

Broadly Speaking - April, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

Teaching Wesley Hohfeld's Theory Of Legal Relations, Curtis Nyquist

Journal of Legal Education

No abstract provided.

Broadly Speaking - January, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter

Buffalo Law Review

No abstract provided.

Mixed Signals: Rational-Choice Theories Of Social Norms And The Pragmatics Of Explanation, W. Bradley Wendel

Cornell Law Faculty Publications

The question of how societies secure cooperation and order in the absence of state enforced sanctions has long vexed law and economics scholars. Recently the concept of social norms--informally enforced rules of behavior--has occupied the attention of a large number of these theorists, who are concerned with understanding why economically rational actors would bother to follow rules whose costs seem to outweigh their benefits. Because of the prestige (or at least trendiness) of law and economics, it seems that now everyone in the legal academy is talking about social norms. This burgeoning scholarship is closely related to a wider concern …

Mut'ah : Pelaksanaannya Menurut Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984, Azman Yusof

Student Works (2000-2009)

This research explains the actual concept of mut'ah as stated In al­-Quran and al-Hadith by taking into consideration the opinions of fuqaha' from different teachings. The research emphasizes on the practice of the division of mut'ah after divorce in the Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur with reference to the Islamic Family Law (Federal Territories) Act 1984. This research also covers a few procedures and judgments in cases of mut'ah in this court. The research finds the practice which ensures the rates of the claims parallel the needs of Syarie Law. If there is an argument over the rates of …

The Need For A Competition Policy In Malaysia, Coreen Michele Bathman

Student Works (2000-2009)

The paper will address if there is a need for a competition policy in Malaysia. We will start by explaining the basic objectives of a competition policy and why it is important. We will describe the various actions and policies used to curb unfair competition as well as discuss different policy frameworks taken by countries like USA, EU, Korea and Japan. We will also very briefly look at the economic issues that arise from the interaction between competition policies and international trade policies. Once we understand the fundamental concepts above, we will then discuss if there is a similar need …

Walt Was Right, John Henry Schlegel

Journal of Legal Education

No abstract provided.

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Laborious Law, Bas De Gaay Fortman

Human Rights & Human Welfare

Inaugural Address at Utrecht University, on the occasion of accepting the Chair in Political Economy of Human Rights 21 MAY 2001

Race-Based Affirmative Action In American Legal Education, Adrien Katherine Wing

Journal of Legal Education

No abstract provided.

Fear And Loathing Of Politics In The Legal Academy, William H. Simon

Journal of Legal Education

No abstract provided.

Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …