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 →
As the dominant approach to legal analysis in the United States today, Legal Realism is firmly ensconced in the way… 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 →
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 →
In an unprecedented move, the Illinois Supreme Court in the mid-1990s imposed hard caps on the state’s appeals courts, drastically… Continue reading →
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century… Continue reading →