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).
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
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
In Faces of Inequality, Sophia Moreau offers an intricate and nuanced account of the wrong of discrimination that is grounded in the real-world... 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 title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their... MORE
The differentiation of law is a pervasive and crucially important topic. Although H.L.A. Hart and others have stressed how law resembles games and... MORE
As a number of modern sexual misconduct cases demonstrate, often there are multiple charges against a single individual under circumstances in which... 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
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
Schauer discusses normative positivism, explaining that this type of positivism comes in two main versions, namely, in the shape of a prescription to... MORE
This essay, written for a symposium honoring John Henry Schlegel, is part intellectual history, part philosophical polemic. It first briefly compares... MORE
