The New Doctrinalism: Implications for Evidence Theory
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly… Continue reading →
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in… Continue reading →
What did legal realism bring to the conflict of laws? Why was the realist critique of the received wisdom so… 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 →
As the dominant approach to legal analysis in the United States today, Legal Realism is firmly ensconced in the way… Continue reading →