Frederick Schauer, Hart’s Anti-Essentialism, in Luís Duarte d’Almeida, James Edwards, & Andrea Dolcetti Reading HLA Hart’s The Concept of Law, Hart, 237-246 (2013).
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE
In this review of Jamal Greene’s How Rights Went Wrong, we raise a series of questions about proportionality review as a model for adjudicating... MORE
Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity... MORE
This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The... MORE
This title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their... MORE
As a number of modern sexual misconduct cases demonstrate, often there are multiple charges against a single individual under circumstances in which... MORE
Plaintiffs bringing civil lawsuits often express sentiments like “I just wanted the defendants to admit they were wrong” and “we’re worth something... MORE
One can ask two different questions about a given social, political, or legal practice. First, how, if at all, do the ideas embodied in that practice... MORE
This essay, written for a symposium honoring John Henry Schlegel, is part intellectual history, part philosophical polemic. It first briefly compares... MORE
At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced... MORE
The theoretical side of the law of evidence has long been dominated, at least since Jeremy Bentham, by debates between the so-called free proof... MORE
