Realist Lawyers and Realistic Legalists: A Brief Rebuttal to Judge Posner

Scholarship

PUBLISHER

Duke Law Journal

DATE

2010

Michael A. Livermore

Michael A. Livermore, Realist Lawyers and Realistic Legalists: A Brief Rebuttal to Judge Posner, 59 Duke Law Journal 1187-1194 (2010).

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Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two... MORE
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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
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This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it... MORE
Reason and Rhetoric in Edwards v. Vannoy
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Big Data and Compounding Injustice
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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
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Statistical Evidence and the Problem of Specification
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As a number of modern sexual misconduct cases demonstrate, often there are multiple charges against a single individual under circumstances in which... MORE
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Plaintiffs bringing civil lawsuits often express sentiments like “I just wanted the defendants to admit they were wrong” and “we’re worth something... MORE

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Because common-law doctrines have long served as targets for critical theorists, it would be easy to see the common law and critical theory as... MORE
The Role of Rules in the Law of Evidence
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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
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