Add to ORKGOur legal heritage is rich, perhaps too rich. The modern judge looks back to two traditions, each layered over with the work of centuries, each intertwined with the other,but nonetheless distinct. The tradition of Anglo-American common law nears its millennium, offering up a tangle of craft and precedent from different eras. Compared to this, the tradition of American constitutional law is adolescent. And yet it provides the modern world\u27s longest continuing judicial project in public law-one with its own narrative structure, decisive precedents, and cautionary tales. Given this embarrassment of riches, each judge, each era, must confront its own task of integration: how to organize common law and constitutional law into a meaningful who...
For much of its history, the interpretation of the United States Constitution presupposed judges see...
The focus of this article is the issue of integrating statutory and other law. A substantial number ...
The United States, it is said, is a common law country. The genius of American common law, according...
Our legal heritage is rich, perhaps too rich. The modern judge looks back to two traditions, each la...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
Well into the twentieth century, a justice on the Supreme Court was a common law judge. Before the r...
The point of departure in the Constitution is that the existing legal ordershould largely be kept in...
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist a...
One of Chicago’s Best Ideas, developed by Professor David Strauss, is that our constitutional law de...
During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used t...
Lawmaking by federal courts has been a matter of controversy since the early days of the Republic. I...
The Warren Court\u27s most important decisions-on school segregation, reapportionment, free speech, ...
Comparing the judicial with the legislative approach to law-making is the stuff of academic debate. ...
The text presents different attributes of the Supreme Court in common law and civil law systems. The...
From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall...
For much of its history, the interpretation of the United States Constitution presupposed judges see...
The focus of this article is the issue of integrating statutory and other law. A substantial number ...
The United States, it is said, is a common law country. The genius of American common law, according...
Our legal heritage is rich, perhaps too rich. The modern judge looks back to two traditions, each la...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
Well into the twentieth century, a justice on the Supreme Court was a common law judge. Before the r...
The point of departure in the Constitution is that the existing legal ordershould largely be kept in...
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist a...
One of Chicago’s Best Ideas, developed by Professor David Strauss, is that our constitutional law de...
During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used t...
Lawmaking by federal courts has been a matter of controversy since the early days of the Republic. I...
The Warren Court\u27s most important decisions-on school segregation, reapportionment, free speech, ...
Comparing the judicial with the legislative approach to law-making is the stuff of academic debate. ...
The text presents different attributes of the Supreme Court in common law and civil law systems. The...
From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall...
For much of its history, the interpretation of the United States Constitution presupposed judges see...
The focus of this article is the issue of integrating statutory and other law. A substantial number ...
The United States, it is said, is a common law country. The genius of American common law, according...