Legal Studies Commons^™

Deontology At The Threshold, Larry Alexander

San Diego Law Review

In his 1989 law review article, Torture and the Balance of Evils,' later republished as Chapter Seventeen in Placing Blame, Michael Moore declares himself to be a "threshold deontologist." What he means is this: There are some acts that are morally wrong despite producing a net positive balance of consequences; but if the positive balance of consequences becomes sufficiently great-especially if it does so by averting horrible consequences as opposed to merely making people quite well off-then one is morally permitted, and perhaps required, to engage in those acts that are otherwise morally prohibited. Thus, one may not kill or …

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …

Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - October, 1999, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - August 19, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Legal Rules And Social Reform, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

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Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.

The Richness Of Contract Theory, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This essay is a review of The Richness of Contract Law: An Analysis and Critique of Conemporary Theories of Contract Law by Robert A. Hillman (1997).

Throughout the book, Hillman offers a number of useful insights about various issues of contract law and theory--as he has in his numerous law review articles--but in this review the author is concerned with his overall theme: a general skepticism about "unifying" or "highly abstract" contract theories that fail to mirror the richness of contract law. In this regard, Hillman stands in the "realist" tradition of the previous generation of contracts scholars. Hillman attempts …

Broadly Speaking - October 16, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - August 24, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

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The Struggle Between Legal Theory And Practice: One Law Student's Effort To Maintain The "Proper" Balance, Fernando M. Pinguelo

Brigham Young University Education and Law Journal

No abstract provided.

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

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Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii

Scholarly Works

Rhetorical Knowledge in Legal Practice and Critical Legal Theory has just been published by the University of Alabama Press as part of its series, Rhetoric, Culture and Social Critique. My central themes are that rhetorical knowledge - however imperfectly pursued and attained - is a feature of social life; that rhetorical knowledge plays an important role in legal practice; and that legal critique is appropriately grounded by the normative injunction to maximize the generation of and reliance on rhetorical knowledge in the administration of justice by legal actors. If nothing else, I want to make clear that by recovering and …

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - September 10, 1997, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April 22, 1997, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - March 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

Terrorism And Legal Competence: A Reader's Opinion, Ibpp Editor

International Bulletin of Political Psychology

A reader, a police officer from a Pacific Basin Country, wishing to remain anonymous, reacts to IBPP article "Terrorism and Legal Competence" (V. 1, No. 1, November 8, 1996), discussing that article's treatment of terrorism and versions of legal competency. Religious as well as intolerance are likewise discussed.

Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel

Book Reviews

Reviewing Neil Duxbury, Patterns of American Jurisprudence(1995).

Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt

Faculty Scholarship

This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?

My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …