The Persistence of System in Property Law
According to conventional wisdom, property has disintegrated. Property law has undergone many changes since the heyday of Legal Realism, and… Continue reading →
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Intuitive Formalism in Contract
This Article starts with the proposition that most American contracting is consumer contracting, posits that consumer contracting has particular and… Continue reading →
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Reasonableness In and Out of Negligence Law
The law’s use of the terms “reasonable” and “unreasonable” are legion and notorious. Indeed, the law’s seemingly carefree attitude in… Continue reading →
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The Constraint of Legal Doctrine
As the dominant approach to legal analysis in the United States today, Legal Realism is firmly ensconced in the way… Continue reading →
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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 →
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Regulating Against Bubbles: How Mortgage Regulation Can Keep Main Street and Wall Street Safe—from Themselves
As the Great Recession has painfully demonstrated, housing bubbles pose an enormous threat to economic stability. However, the principal mortgage… Continue reading →
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A Dose of Reality for Specialized Courts: Lessons from the VICP
The latest in a long line of reform proposals, health courts have been called “the best option for fixing our… Continue reading →
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Judicial Priorities
In an unprecedented move, the Illinois Supreme Court in the mid-1990s imposed hard caps on the state’s appeals courts, drastically… Continue reading →
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Structure and Value in the Common Law
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century… Continue reading →
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Helping Buyers Beware: The Need for Supervision of Big Retail
Since the 2008 financial crisis, consumer regulators have closely supervised sellers of credit cards and home mortgages to stamp out… Continue reading →