Showing Results for
- Academic Journals (91)
Search Results
- 91
Academic Journals
- 91
-
From:Yale Law Journal (Vol. 106, Issue 7) Peer-ReviewedThe remedies employed in the practice of public law are distinct from those addressed in the private law debate over property rules and liability rules, but some analogies can be made. The differences between public and...
-
From:Harvard Journal of Law & Public Policy (Vol. 26, Issue 1) Peer-ReviewedI am delighted that the Federalist Society asked me to participate in its Symposium on Law and Truth. I suspect, however, given my previous jurisprudential writings, that I was invited in order to play the role of...
-
From:University of Pennsylvania Law Review (Vol. 148, Issue 5)The term "expression" is profoundly ambiguous, and so, too, is the phrase "expressive theory of law." An "expressive theory of law" might mean (1) a theory of law focused on the linguistic meaning of legal decisions;...
-
From:Michigan Law Review (Vol. 94, Issue 2) Peer-ReviewedRadically subversive speech poses a particularly difficult problem because the viewpoint it asserts attempts to question and undermine the fiction of authority upon which free speech and other legal constructs are based....
-
From:Harvard Law Review (Vol. 130, Issue 9)The history of law is in no small part the history of its boundaries. And the history of legal theory, or jurisprudence more narrowly, (1) is thus a history of exploring, analyzing, and debating these boundaries....
-
From:University of Pennsylvania Law Review (Vol. 145, Issue 1)Analogical reasoning does not correctly characterize the reasoning used in law; moreover, law does not require its own distinctive kind of reasoning. Analogical reasoning is best understood as a way of discerning...
-
From:Yale Law Journal (Vol. 104, Issue 1) Peer-ReviewedThe rules of baseball are not only similar to those of law but could be considered superior to the legal system because the elegance of baseball rules and the acknowledgement of luck and skill as factors affecting the...
-
From:Yale Law Journal (Vol. 106, Issue 7) Peer-ReviewedLegal scholarship on property rules and liability rules has been compromised by the use of examples that claim to prove too much. Many scholars discussing the issues originally raised by Guido Calabresi and A. Douglas...
-
From:Harvard Law Review (Vol. 130, Issue 8)In September 1994, Professor Ronald Dworkin presented a new paper at the NYU Colloquium in Legal, Political, and Social Philosophy. Earlier that year, the second edition of Professor H.L.A. Hart's The Concept of Law had...
-
From:Albany Law Review (Vol. 62, Issue 1)"That `all things flow' is the first vague generalization which the unsystematized, barely analysed, intuition of men has produced."(1) I. INTRODUCTION The purposes of this Article are to explore the relationship...
-
From:First Things: A Monthly Journal of Religion and Public Life (Issue 78)Legal behavior serves as a mirror for issues Christians often struggle with. The adoption of laws does not make a person good. Bankruptcy laws eventually offer forgiveness to the debtor, just as God forgives sinners for...
-
From:Michigan Law Review (Vol. 92, Issue 5) Peer-ReviewedThe nature of deconstruction changes when confronted with issues of justice because deconstructive practice cannot exclude the human subject when pursuing questions of justice. While notions of justice may exist as...
-
From:Melbourne University Law Review (Vol. 27, Issue 1) Peer-Reviewed[This article aims to re-evaluate the contribution of Stanley Fish to legal studies. In 'The Law Wishes to Have a Formal Existence', Fish accused the law of maintaining a formal, positivistic self-image as principled;...
-
From:Yale Law Journal (Vol. 115, Issue 7) Peer-ReviewedThe pragmatic method is primarily a method of settling metaphysical disputes that otherwise might be interminable. Is the world one or many?--fated or free?--material or spiritual?--here are notions either of which may...
-
From:McGill Law Journal (Vol. 65, Issue 3) Peer-ReviewedL'approche fonctionnelle du droit, les principes d'equivalence fonctionnelle et de << neutralite >> technologique sont trop souvent contraints au droit des technologies--et presentes comme y etant nes. Pourtant,...
-
From:Harvard Journal of Law & Public Policy (Vol. 31, Issue 1) Peer-ReviewedINTRODUCTION Remarks on so vast a topic as the foundations and nature of morality must be focused by the subject with which the Symposium is concerned--namely, the relationship between law and morality. Insofar as...
-
From:Constitutional Commentary (Vol. 11, Issue 1) Peer-ReviewedRonald Dworkin has argued that human rights can be based on a secular belief that every human being is sacred, but objective sacredness seems inextricably religious. In a subjective sense, treating individuals as sacred...
-
From:Yale Law Journal (Vol. 106, Issue 7) Peer-ReviewedThe development of the property rule and liability rule model found in the 1972 law review article "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral" was influenced by the need to respond to...
-
From:Law and Contemporary Problems (Vol. 78, Issue 1-2) Peer-ReviewedI INTRODUCTION Wesley Newcomb Hohfeld's 1913 Fundamental Legal Conceptions as Applied in Judicial Reasoning is a brilliant article. (1) A thrilling read it is not--more like chewing on sawdust. The arguments are...
-
From:Indiana Journal of Global Legal Studies (Vol. 28, Issue 1) Peer-ReviewedI. INTRODUCTION The outbreak of the Covid-19 pandemic has led to a public health crisis of widespread contagion. As such, lockdowns have been imposed in many countries to limit face-to-face social interaction, thereby...