Super-Dicta
A weird thing happens when a conscientious, rational judge lacks certainty and has the humility to know it: she will… Continue reading →
Search results for: “Article”
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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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Detecting Mens Rea in the Brain
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
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Unwritten Administrative Law and the Regulatory Last Mile
Programs like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act are ostensibly federal. But once… Continue reading →
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