Doctrinal Categories, Legal Realism, and the Rule of Law
The claim in vogue is that Legal Realism stands for “the insignificance of doctrine” and its conceptualization as a “mere… Continue reading →
The claim in vogue is that Legal Realism stands for “the insignificance of doctrine” and its conceptualization as a “mere… Continue reading →
As used today, the term “equity” connotes a variety of related, but nonetheless distinct, ideas. In most contexts, equity refers… Continue reading →
The claim that legal disputes have no determinate answer is an old one. The worry is one that assails every… Continue reading →
The American Legal Realists did not reject doctrine, because they did not reject the idea that judges decide cases in… Continue reading →
The father of the American law school, Christopher Columbus Langdell, famously conceptualized the law as akin to science. On this… Continue reading →
According to conventional wisdom, property has disintegrated. Property law has undergone many changes since the heyday of Legal Realism, and… Continue reading →
This Article starts with the proposition that most American contracting is consumer contracting, posits that consumer contracting has particular and… Continue reading →
The law’s use of the terms “reasonable” and “unreasonable” are legion and notorious. Indeed, the law’s seemingly carefree attitude in… Continue reading →
As the Great Recession has painfully demonstrated, housing bubbles pose an enormous threat to economic stability. However, the principal mortgage… Continue reading →
The latest in a long line of reform proposals, health courts have been called “the best option for fixing our… Continue reading →