The Long Shadow of Doctrine
This Symposium presents an imagined conflict and then a puzzle. The conflict dates back to the 1930s, when American Legal… Continue reading →
This Symposium presents an imagined conflict and then a puzzle. The conflict dates back to the 1930s, when American Legal… Continue reading →
Several different, if related, questions are swirling about in this fascinating and wide‐ranging symposium. One question asks whether “law” is… Continue reading →
Imagine a benighted student of the law, devoted to attaining a secure professional qualification by learning the rules and passing… Continue reading →
Benjamin Zipursky’s Reasonableness In and Out of Negligence Law is a characteristically thoughtful, sensible, and learned discussion of the idea… Continue reading →
Melissa Murray’s Family Law’s Doctrines provides a fascinating case study of legal parentage cases involving assisted reproductive technology, where judges… 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 →