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Articles 61 - 83 of 83
Full-Text Articles in Legal Theory
For Peter, With Love, John Henry Schlegel
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Journal Articles
This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Journal Articles
No abstract provided.
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
Cls Wasn't Killed By A Question, John Henry Schlegel
Cls Wasn't Killed By A Question, John Henry Schlegel
Journal Articles
No abstract provided.
From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow
From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow
Journal of Legal Education
No abstract provided.
Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh
Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh
Journal of Legal Education
No abstract provided.
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Laborious Law, Bas De Gaay Fortman
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
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
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 …
Of Duncan, Peter And Thomas Kuhn, John Henry Schlegel
Of Duncan, Peter And Thomas Kuhn, John Henry Schlegel
Journal Articles
No abstract provided.
Legal Rules And Social Reform, Emily Sherwin
Legal Rules And Social Reform, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Langdell's Auto-Da-Fé, John Henry Schlegel
Three Positivisms, Robin West
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 …
Against Marriage, Steven K. Homer
Against Marriage, Steven K. Homer
Faculty Scholarship
What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …
Book Review. Law's Patriarchy, Lynne N. Henderson
Book Review. Law's Patriarchy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
A Republican Agenda For Hobbesian America?, Elizabeth B. Mensch, Alan Freeman
A Republican Agenda For Hobbesian America?, Elizabeth B. Mensch, Alan Freeman
Journal Articles
No abstract provided.
Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel
Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel
Journal Articles
No abstract provided.
Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth
Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth
Buffalo Law Review
No abstract provided.
Justice In The 20th Century, Jerome Hall
Justice In The 20th Century, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Sutherland, A. E., The Law And One Man Among Many, Kenneth B. Hughes
Book Review. Sutherland, A. E., The Law And One Man Among Many, Kenneth B. Hughes
Articles by Maurer Faculty
No abstract provided.
Book Review. Dowdall, H. C., Estatification And Dowdall, H. C., The Word "State", Fowler Vincent Harper
Book Review. Dowdall, H. C., Estatification And Dowdall, H. C., The Word "State", Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Scientific Method In The Application Of Law, Fowler V. Harper
Scientific Method In The Application Of Law, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.