OAI Archive: NELLCO Legal Scholarship Repository

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100 entries most recently downloaded from the archive "NELLCO Legal Scholarship Repository"

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  1. Shopping For Law in a Coasean Market.G. Marcus Cole - 2005 - 1 N.Y.U. J.L. And Liberty 111.
    In the twentieth century, two Nobel-Prize winning economists wrote two seemingly unrelated characterizations of the processes constraining human behavior. One, Ronald Coase, wrote a short article entitled The Nature of the Firm,1 in which he reduced all managerial decision-making to a fundamental choice between making the factors of production, or buying them. This article and the idea of the "make or buy" decision for which it has come to be known, have proven to be among the most seminal in the (...)
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  2. Review Essay: Liberalism and the Supreme Court. [REVIEW]Donald P. Kommers - 1987 - 49 Rev. Pol 112.
    In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as (...)
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  3. Introduction.Mary Ellen O'Connell & Samuel T. Tessema - 2016 - In Heinz-Gerhard Justenhoven & Mary Ellen O'Connell (eds.), Peace Through Law: Reflections on Pacem in Terris from Philosophy, Law, Theology, and Political Science 7. Aschendorff Verlag.
    Book Chapters Mary Ellen O'Connell & Heinz-Gerhard Justenhoven, Introduction, in Peace Through Law: Reflections on Pacem in Terris from Philosophy, Law, Theology, and Political Science 7. Mary Ellen O'Connell, Belief in the Authority of International Law for Peace: A Reflection on Pacem in Terris In 1963, Pope John XXIII's renowned peace encyclical Pacem in Terris offered a practical vision beyond the accepted international policies of his time: normative ideas for reforming the UN aimed at a peaceful conflict resolution in a (...)
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  4. Philosophical Legal Ethics: An Affectionate History.David Luban & W. Bradley Wendel - 2017 - Georgetown Journal of Legal Ethics 30 (3):337-364.
    The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The “First Wave” connects the subject to moral philosophy and focuses on conflicts between ordinary morality and lawyers’ role morality, while the “Second Wave” focuses instead on the role legal representation plays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in (...)
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  5. Interpretation as Statecraft: Chancellor Kent and the Collaborative Era of American Statutory Interpretation.Farah Peterson - 2018 - Maryland Law Review 77 (3).
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  6. Threats to Democratic Stability: Comparing the Elections of 2016 and 1860.Stuart Chinn - unknown
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  7. The Fragility of Constitutional Democracy.Yasmin Dawood - unknown
    Is the survival of constitutional democracy in America at serious risk? Given the actions of the Trump administration, and given the decline of democracy and concomitant rise of authoritarianism the world over, there is genuine cause for alarm. In light of these fears, it is worth remembering that the authors of The Federalist Papers were notably pessimistic about the survival chances of republican government. To what extent have their constitutional design innovations contributed to present woes, and conversely, to what extent (...)
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  8. Alternatives to Liberal Constitutional Democracy.David S. Law - unknown
    The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to proactively explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can (...)
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  9. Reflections on the Aftermath of Election 2016.Maxwell L. Stearns - unknown
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  10. Constitutional Crisis and Constitutional Rot.Jack M. Balkin - unknown
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  11. How a Court Becomes Supreme: Defending the Constitution From Unconstitutional Amendments.Richard Albert - unknown
    High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be unconstitutional? In the United States, however, the Supreme Court has yet to articulate a theory or doctrine of unconstitutional constitutional amendment. Faced with a constitutional amendment that would challenge the liberal democratic values of American constitutionalism—for instance an amendment restricting political speech or establishing a (...)
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  12. Trump, Trust, and the Future of the Constitutional Order.Stephen M. Griffin - unknown
    Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order. Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier and, as such, (...)
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  13. The Collapse of the New Deal Conceptual Universe: The Schmooze Project.Mark A. Graber - unknown
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  14. The Importance of 'The Gap'.Sherwin Emily - unknown
    One of the central dilemmas of law is what Larry Alexander has called "the gap:" general, determinate rules have significant benefits from the forward-looking perspective of a lawmaker, but generate outcomes that appear wrong from the perspective of individual actors. In this 25-year retrospective of Alexander's initial article on the gap, I examine a possible way out of the dilemma of the gap, and conclude that it does not work.
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  15. The Promotion of Personhood is a Principal Good of Law.Scott T. FitzGibbon - manuscript
    A great good promoted by a well constructed legal system is the protection and promotion of character. Many other purposes prove to be justifiable, if at all, based on their instrumentality to this good.When guided by this thesis, jurisprudence brings the discussion of law – what law is and what law ought to be – into constant conversation with anthropology: the perennial inquiry which our species conducts into the nature of the person.
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  16. Models of Law.Turner Christian - forthcoming - University of Illinois Law Review.
    The more we examine what is behind our most difficult legal questions, the more puzzling it can seem that we continue both to disagree strongly and, yet, to cooperate. If law is a reasoned enterprise, how is it that we are neither torn apart nor homogenized by our long social practice of it? I resolve this puzzle, and arrive at a richer understanding of law, using the idea of modeling familiar from the natural sciences and mathematics. I show that theorists (...)
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  17. Truth and Politics: A Symposium on Peter Simpson's Political Illiberalism: A Defense of Freedom.V. Bradley Gerard - 2017 - American Journal of Jurisprudence 62 (1):1-5.
    There is no more important question in thinking about life-and actually living-in political community than whether it is to be permeated by, and purposefully oriented around, the main truths about human flourishing. It is at least paradoxical that, precisely when the state and its law and political life are shaping people's lives more and more, the professed roots of all this influence are growing thinner, more shallow. Lawmakers who profess and in many cases even think they should be "neutral" about (...)
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  18. Do Muddy Waters Shift Burdens?Sperling Carrie & Holst Kimberly - unknown
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  19. Sedimentary Innovation: How Regulation Should Respond to Incremental Change.Ford Cristie - unknown
    As captivating as paradigm-changing "radical" innovations may be, “sedimentary”, or incremental, innovation – incremental improvements based on imitation, tweaking, bricolage and diffusion – are in fact the main way in which innovation actually develops. In finance, sedimentary innovation is shaped by forces including structural and social networks, a strong first mover advantage, and collective action problems. This piece, which is Chapter 8 in a forthcoming book that considers financial innovation as a regulatory challenge, examines sedimentary innovation in particular. Like innovation (...)
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  20. Freedom of Communicative Action: A Theory of the First Amendment Freedom of Speech.B. Solum Lawrence - unknown
    We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for an (...)
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  21. Virtues and Voices.Lawrence B. Solum - unknown
    This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation (...)
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  22. Law's Emotions.West Robin - unknown
    The emerging interdisciplinary field of “Law and Emotions” brings together scholars from law, psychology, classics, economics, literature and philosophy all of whom have a defining interest in law’s various relations to our emotions and to emotional life: they share a passion for law’s passions. They also share the critical premise, or assumption, that most legal scholars of at least the last half century, with a few exceptions, have mistakenly accorded too great of a role to reason, rationality, and the cool (...)
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  23. A Structural Etiology of the U.S. Constitution.Lincoln Charles - unknown
    This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of,, and extrapolated from Plato’s dialogues. First, the article establishes Plato’s theory of the three-part Platonic soul as a (...)
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  24. Constitution Day Lectures.Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish & David J. Maher - unknown
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  25. Subsidiarity’s Roots and History: Some Observations.John M. Finnis - 2016 - American Journal of Jurisprudence 61 (1):133-141.
    Subsidiarity, i.e., “the principle of subsidiarity,” i.e., “the principle of subsidiary function/responsibility,” i.e., the principle that it is unjust for a higher authority to usurp the self-governing authority that lower authorities, acting in the service of their own members, rightly have over those members, is a presumptive and defeasible, not an absolute, principle. But it excludes any general policy or aim of assuming the control or managerial direction of lower groups. Its deepest rationale is the intrinsic desirability of self-direction, a (...)
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  26. The Death Penalty in Traditional China.Chin Kim & Theodore R. LeBlang - unknown
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  27. Complexity Analysis: A Preliminary Step Toward a General Systems Theory of International Law.James L. Hildebrand - unknown
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  28. The Teaching of International Law.Myres S. McDougal - unknown
  29. The Teaching of International Law.Edward McWhinney - unknown
  30. The Proper Reach of Territorial Jurisdiction: A Case Study of Divergent Attitudes.Philippe Schreiber - unknown
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  31. The Place of Policy in International Law.Richard A. Falk - unknown
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  32. Introductory Statement.Rosalyn Higgins - unknown
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  33. The Proper Reach of Territorial Jurisdiction: A Case Study of Divergent Attitudes.Robert Y. Jennings - unknown
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  34. The Place of Policy in International Law.Oscar Schachter - unknown
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  35. Fair Use in American and Continental Laws.Omar M. A. Obeidat - unknown
    Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, (...)
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  36. The United Nations and Collective Security: Some Normative and Empirical Considerations.Corey D. Schou - unknown
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  37. Sino-Soviet Dispute Over Military and World Revolution.Samir N. Saliba - unknown
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  38. Playing God: An Essay on Law, Philosophy, and American Capital Punishment.Samuel J. Levine - unknown
    This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. (...)
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  39. Teshuva: A Look at Repentance, Forgiveness and Atonement in Jewish Law and Philosophy and American Legal Thought.Samuel J. Levine - unknown
    Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of (...)
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  40. International Law From a Functional Perspective.Michael Barkun - unknown
  41. The Territorial Principle in Penal Law: An Attempted Justification.Patrick J. Fitzgerald - unknown
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  42. The Recognition and Enforcement of Foreign Equitable Remedies and Other Types of Non-Money Judgments in United States and French Courts: A Comparative Analysis.Noele Sophie Rigot - unknown
    Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as (...)
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  43. A Conceptual Disaster Zone Indeed: The Incoherence of the State and the Need for State Action Doctrine.Brookes Brown - unknown
  44. The Federalist Provenance of the Principle of Privacy.Elvin T. Lim - unknown
    The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of (...)
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  45. Privacy at 50: The Bedroom, the Courtroom, and the Spaces in Between.Judith A. Baer - unknown
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  46. Legal Epistemologies.Howard Schweber - unknown
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  47. Can, Do, and Should Legal Entities Have Dignity?: The Case of the State.Maxwell O. Chibundu - unknown
  48. The Immorality of Textualism.Andrei Marmor - unknown
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  49. Meaning and Belief in Constitutional Interpretation.Andrei Marmor - unknown
    The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...)
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  50. Philosophy of Law: Reply to Critics.Andrei Marmor - unknown
    The author addresses issues raised by commentators on his book, Philosophy of Law.
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  51. The Algorithmic Self.Frank A. Pasquale - unknown
  52. The Spectrum of Control: A Social Theory of the Smart City.Jathan Sadowski & Frank A. Pasquale - unknown
    There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” : sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through (...)
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  53. Freedom, Benefit and Understanding: Reflections on Laurence Claus's Critique of Authority.John Finnis - unknown
    Written for a symposium in the University of San Diego Law School in September 2013 on Laurence Claus, Law’s Evolution and Human Understanding, this article appears in the final issue of volume 52 of the San Diego Law Review. With new illustrations and considerations suggested by the book, the article argues for a number of theses: “Because I/we say so” is never a reasonable ground or formulation of authoritative acts such as enactments or parental or other orders. The moral authority (...)
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  54. Four Futures of Legal Automation.Frank A. Pasquale & Glyn Cashwell - unknown
    Simple legal jobs are prime candidates for legal automation. More complex tasks cannot be routinized. So far, the debate on the likely scope and intensity of legal automation has focused on the degree to which legal tasks are simple or complex. Just as important to the legal profession, however, is the degree of regulation or deregulation likely in the future. Situations involving conflicting rights, unique fact patterns, and open-ended laws will remain excessively difficult to automate for an extended period of (...)
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  55. The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, and the Corporate Form.Lynn A. Stout - unknown
    This Symposium Article argues that the board-controlled corporation can be understood as a legal innovation that historically has functioned as a means of transferring wealth forward and sometimes backward through time, for the benefit of present and future generations. In this fashion the board-controlled corporation promotes both intergenerational equity and intergenerational efficiency. Logic and evidence each suggest, however, that the modern embrace of “shareholder value” as the only corporate objective and “shareholder democracy” as the ideal of corporate governance is damaging (...)
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  56. Return to Political Theology.Joshua D. Hawley - unknown
    My aim in what follows is to employ N.T. Wright’s powerful and provocative analysis of Paul’s political gospel as a critical perspective on the foundational claims of the Great Separation. Because the very possibility of political theology is disputed in many quarters, I begin in Part I with a defense of political theology as critical theory. In Part II, I turn to Paul’s political gospel, tracing Wright’s reconstruction of its central terms, including the Pauline critique of empire. In Part III, (...)
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  57. The Word Commons and Foreign Laws.Thomas O. Main - unknown
    Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the (...)
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  58. Human Rights Thinking and the Laws of War.David Luban - unknown
    In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general (...)
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  59. Time-Mindedness and Jurisprudence.David Luban - unknown
    Analytic jurisprudence often strikes outsiders as a discipline unto itself, unconnected with the problems that other legal scholarship investigates. Gerald Postema, in the article to which this paper responds, traces this “unsociability” to two narrowing defects in the project of analytic jurisprudence: from Austin on, it has concerned itself largely with the analysis of professional concepts, without connecting that analysis with other disciplines that study law, nor with the history of jurisprudence itself, nor with general philosophy; analytic jurisprudence studies only (...)
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  60. "The Hindrance of a Law Degree": Justice Kagan on Law and Experience.Laura Krugman Ray - unknown
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  61. The Scope of Precedent.Randy J. Kozel - unknown
    The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court’s broad pronouncements. These phenomena cannot be explained by—and, indeed, oftentimes subvert—the classic distinction between binding holdings and dispensable dicta. This Article connects the scope of precedent with recurring and (...)
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  62. Pluralism and its Perils: Navigating the Tension Between Gay Rights and Religious Expression.Nan D. Hunter - unknown
    The conflict between gay equality claims and religious liberty claims permeates debates over marriage equality and LGBT civil rights. Using as its centerpiece a decision that forced Georgetown University to provide benefits for a gay student organization, this article examines both the doctrinal underpinnings of how courts resolve the tension between gay rights and religion and the principles of pluralism that are at stake. The Georgetown case is rightly understood as an exemplar of judicial minimalism. This article argues that the (...)
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  63. Legal Formalism and Instrumentalism-a Pathological Study.David Lyons - unknown
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  64. The Legacy of Ronald Dworkin : A Legal Theory and Methodology for Hedgehogs, Hercules, and One Right Answers.Imer Flores - unknown
    In this paper the author addresses Ronald Dworkin’s work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory with its distinctive methodology, which not only has transcended the Natural Law and Legal Positivism dichotomy, but also has reintegrated law into a branch of political morality and defended as a corollary the one right answer thesis. Hence, commences by identifying the dworkininan challenge; continues by introducing some basic definitions (...)
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  65. Book Review: Minds, Brains, and the Law: The Conceptual Foundations of Law and Neuroscience. [REVIEW]Karen Breda - unknown
    Review of Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience by Michael S. Pardo and Dennis Patterson, published by Oxford University Press.
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  66. Rethinking Unreasonableness: A Comment on Nita Farahany's "Law and Behavioral Morality".Amanda C. Pustilnik - unknown
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  67. On Identifying and Reconstructing a General Legal Theory – Some Thoughts Prompted by Professor Moore's Critique.Robert S. Summers - unknown
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  68. Pragmatic Instrumentalism in Twentieth Century American Legal Thought a Syntheshesis and Critique of Our Dominant General Theory About Law and its Use.Robert S. Summers - 1981 - Cornell Law Association.
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  69. Liberalism, Radicalism, and Legal Scholarship.Steven H. Shiffrin - unknown
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  70. The Connection Between a Property-Based Legal System and National Prosperity: Example From a Divided Germany Reunified.O. Lee Reed & Florian A. Stamm - unknown
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  71. Legal Institutions in Professor H.L.A. Hart's Concept of Law.Robert S. Summers - unknown
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  72. Constitutionalization of Human Rights In Post-Soviet States and Latin America: A Comparative Analysis.Rett R. Ludwikowski - unknown
  73. A Note on Symbolic Logic and the Law.Robert S. Summers - unknown
  74. Twenty-One Theses on the Legal Legacy of the French Revolution in Latin America.Dante Figueroa - unknown
  75. Heuristics, Biases, and Philosophy.Jeffrey J. Rachlinski - unknown
    Commenting on Professor Cass Sunstein's work is a daunting task. There is simply so much of it. Professor Sunstein produces scholarship at a rate that is faster than I can consume it. Scarcely an area of law has failed to feel his impact. One cannot today write an article on administrative law, free speech, punitive damages, Internet law, law and economics, separation of powers, or animal rights law without addressing one or more of Sunstein's papers. And his work is typically (...)
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  76. A Personalist Jurisprudence, the Next Step.Samuel J. M. Donnelly - unknown
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  77. David Novak on Natural Law: An Appraisal.Fred Lawrence - unknown
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  78. Beyond the Ordinary Religion.Roger C. Cramton - unknown
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  79. Tiaras, Queen Bees, Imposters and the Board Room: Lean In & Women in Corporate Governance.Christyne J. Vachon - unknown
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  80. Group Consensus, Individual Consent.Elizabeth Chamblee Burch - unknown
    Despite a rise in the number of personal-injury and product-liability cases consolidated through multi-district litigation, a decline in class-certification motions, and several newsworthy nonclass settlements such as the $4.85 billion Vioxx settlement and estimated $700 million Zyprexa settlements, little ink has been spilled on nonclass aggregation’s unique issues. Sections 3.17 and 3.18 of the American Law Institute’s Principles of the Law of Aggregate Litigation are a noteworthy exception. This Article uses those principles as a lens for exploring thematic questions about (...)
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  81. Communicative Content and Legal Content.Lawrence B. Solum - unknown
    This essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and contracts) and the content of the law (e.g., norms, rules, standards, doctrines, and mandates). Is the original meaning of the constitutional text binding on the Supreme Court when it develops doctrines of constitutional law? Should statutes be given their plain meaning or should judges devise statutory constructions that depart from the text to serve a purpose? What role should default rules (...)
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  82. Political Liberalism and the Fate of Unreasonable People.Fuat Gursozlu - 2014 - Touro Law Review 30 (1):35-56.
  83. Back to Fundamentals: The Worsening Results of Ignoring the Social Contract in Baltimore City.John Stinson - unknown
  84. Reason and the Resolution of Disputes.Onora O'Neill - unknown
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  85. Teaching Moral Analysis in Law School.Paul G. Haskell - unknown
  86. On Death and Dworkin: A Critique of His Theory of Inviolability.Richard Stith - unknown
  87. On the Moral Foundations of Legal Expressivism.Andrew Koppelman - unknown
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  88. Symposium - the Expressive Dimension of Governmental Action: Philosophical and Legal Perspectives: Introduction.Deborah Hellman - unknown
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  89. The Phantom Philosophy? An Empirical Investigation of Legal Interpretation.Jason J. Czarnezki & William K. Ford - unknown
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  90. Anti-Waste.Michael Pappas - unknown
    It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste. Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for (...)
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  91. Law and Conscience.Paul V. Niemeyer - unknown
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  92. Do Survival Values Form a Sufficient Basis for an Objective Morality: A Realist's Appraisal of the Rules of Human Conduct.C. Emerson Talmage - unknown
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  93. The Importance of Comparative Law in Legal Education: United States Goals and Methods of Legal Comparisons.Hugh J. Ault & Mary Ann Glendon - unknown
    This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and (...)
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  94. On the Practical Meaning of Secularism.John Finnis - unknown
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  95. Socrates Is Mortal: Formal Logic and the Pre-Law Undergraduate.Patricia Sayre - unknown
  96. 2001 Natural Law Lecture: The Path.Oliver O'Donovan - 2001 - American Journal of Jurisprudence 56 (1).
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  97. Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, and Survivors.Paul H. Robinson - unknown
    The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and (...)
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