This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Constitution figures prominently in any account of our ultimate standards of law, and a discussion of its place is an apt jurisprudential endeavor for the bicentennial of the constitutional convention. Although in passing I offer some comments on constitutional principles, this essay is not about how the Constitution, or indeed other legal materials, should be understood and interpreted. Rather, it attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law
It is a commonly held position that a rule cannot be a legal rule unless it is binding; or to put it...
The magnitude of the role which constitutional law plays in keeping the United States the mighty and...
I propose to defend and explore three claims in this Essay. First, there is very little actual “law”...
This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Co...
In this essay we take up the question of the non-legal foundations of any legal system, and in parti...
This essay is a chapter in a volume that examines constitutional law in the United States through th...
The law within each legal system is a function of the practices of some social group. In short, law ...
In this essay I seek to challenge the prevailing practice by offering an integrated overview of the ...
Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, The ...
This essay, a contribution to a forthcoming edited volume on Hart\u27s rule of recognition and the U...
This thesis has two objectives. The first is to reflect on the social foundations of legal change, a...
This is an Essay about the how of constitutional interpretation. Much attention has been devoted t...
Does the fact that the Constitution is law tell us anything about the proper method of interpreting ...
The American legal academy is decidedly nationalistic. Comparative law tends to be a minor part of t...
Part of a symposium on "the Constitution as hard law" at a meeting of the Association of American L...
It is a commonly held position that a rule cannot be a legal rule unless it is binding; or to put it...
The magnitude of the role which constitutional law plays in keeping the United States the mighty and...
I propose to defend and explore three claims in this Essay. First, there is very little actual “law”...
This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Co...
In this essay we take up the question of the non-legal foundations of any legal system, and in parti...
This essay is a chapter in a volume that examines constitutional law in the United States through th...
The law within each legal system is a function of the practices of some social group. In short, law ...
In this essay I seek to challenge the prevailing practice by offering an integrated overview of the ...
Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, The ...
This essay, a contribution to a forthcoming edited volume on Hart\u27s rule of recognition and the U...
This thesis has two objectives. The first is to reflect on the social foundations of legal change, a...
This is an Essay about the how of constitutional interpretation. Much attention has been devoted t...
Does the fact that the Constitution is law tell us anything about the proper method of interpreting ...
The American legal academy is decidedly nationalistic. Comparative law tends to be a minor part of t...
Part of a symposium on "the Constitution as hard law" at a meeting of the Association of American L...
It is a commonly held position that a rule cannot be a legal rule unless it is binding; or to put it...
The magnitude of the role which constitutional law plays in keeping the United States the mighty and...
I propose to defend and explore three claims in this Essay. First, there is very little actual “law”...