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 →
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 →