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Now showing items 11-20 of 23
Two Conceptions of Procedural Fairness
(New School for Social Research, 2006)
Legal systems must proceed in the face of two conceptions of procedural fairness. The first, embodied in the rule of law ideal, calls for clear rules, laid down in advance and susceptible to mechanical application in ...
Ranking Law Schools: A Market Test?
(Indiana University School of Law, 2006)
Instead of ranking law schools through statistical aggregations of expert judgments or by combining a list of heterogeneous factors, it would be possible to rely on a market test simply by examining student choices. This ...
The Virtues of Simplicity
(Yale Law School, 2006)
Justice Breyer's Pragmatic Constitutionalism
(Yale Law School, 2006)
As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic foundations. In an influential book, Breyer ...
Celebrating God, Constitutionally
(Joe Christensen, Inc., 2006)
The Law of Other States
(Stanford Law School, 2006)
The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the ...
Of Snakes and Butterflies: A Reply
(Columbia Law Review Association, Inc., 2006)
This brief essay, a reply to a forthcoming essay "Radicals in Robes" by Saikrishna Prakash in the Columbia Law Review, makes two points. The first is that the abstract idea of interpretation cannot support originalism or ...
Problems With Minimalism
(Stanford Law School, 2006)
Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, ...
Timing Controversial Decisions
(Hofstra University School of Law, 2006)
Suppose that members of a state court are prepared to announce a highly controversial ruling. The court might be prepared to rule that a state must allow same-sex marriage, that a state may not continue affirmative action ...
A New Progressivism
(Stanford Law School, 2006)
Based on an address for a conference on Law and Transformation in South Africa, this paper explores problems with two twentieth-century approaches to government: the way of markets and the way of planning. It urges that ...