This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the... MORE
Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented... MORE
This short essay considers Benjamin Zipursky’s intriguing effort to identify a tradition of “American natural law theory” that links Benjamin Cardozo... MORE
This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the... 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
Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits... MORE
Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major... MORE
About twenty-five years ago, in the introduction to his book Self-Ownership, Freedom, and Equality, Jerry Cohen described encountering an unfamiliar... 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
