|
CONSTITUTIONAL LAW THEORY
|
|
| Barnett, Randy E., "Are Enumerated Constitutional
Rights the Only Rights We Have? The Case of Associational
Freedom," 10 HARVARD JOURNAL OF LAW AND POLICY 101 (1987). |
| Braden, George D., "The Search for Objectivity in
Constitutional Law," 57 YALE LAW JOURNAL 571 (1947/48). |
| Brest, Paul, "The Fundamental Rights Controversy:
The Essential Contradictions of Normative Constitutional Scholarship,"
90 YALE LAW JOURNAL 1063 (1981). |
| Ely, John Hart, "The Supreme Court, 1977 Term, Forward:
On Discovering Fundamental Values," 92 HARVARD LAW REVIEW
5 (1978). |
| Grey, Thomas C., "The Constitution as Scripture,"
37 STANFORD LAW REVIEW 1 (1984). |
| Grey, Thomas C., "Do We Have an Unwritten Constitution?"
27 STANFORD LAW REVIEW 703 (1975). |
| Grey, Thomas C., "Origins of the Unwritten Constitution:
Fundamental Law in American Revolutionary Thought," 30 STANFORD
LAW REVIEW 843 (1978). |
| Grey, Thomas C., "The Uses of an Unwritten Constitution,"
64 CHICAGO-KENT LAW REVIEW 211 (1988). |
| Karst, Kenneth L., "Legislative Facts in Constitutional
Litigation," 1960 SUPREME COURT REVIEW 75 (1960). |
| Linde, Hans, "E. Pluribus - Constitutional Theory
and State Courts," 18 GEORGIA LAW REVIEW 165 (1984). |
| Schauer, Frederick, " An Essay on Constitutional
Language," 29 UCLA LAW REVIEW 797 (1982). |
| Schauer, Frederick, "Speech and 'Speech' - Obscenity
and 'Obscenity': An Exercise in the Interpretation of Constitutional
Language," 67 GEORGETOWN LAW JOURNAL 899 (1979). |
| Van Alstyne, William W., "The Demise of the Right-Privilege
Distinction in Constitutional Law, " 8 HARVARD LAW REVIEW
1439 (1968). |
|
|
|
|
| Fiss, Owen M., "The Death of Law?" 72 CORNELL
LAW REVIEW 1 (1986) |
| Rubin, Alvin B., "Does Law Matter? A Judge's
Response to the Critical Legal Studies Movement," 37 JOURNAL
OF LEGAL EDUCATION 307 (1987). |
|
|
|
| ABA, Section of Judicial Administration, Appellate
Judges Conference, Panel Discussion, "Improving Procedures
in the Decisional Process," 52 F.R.D. 51 (1970). |
| Abraham, Kenneth S., "Three Fallacies of Interpretation:
A Comment on Precedent and Judicial Decision, " 23 ARIZONA
LAW REVIEW 771 (1981). |
| Aldisert, Ruggero, "Philosophy, Jurisprudence, and
Jurisprudential Temperament of Federal Judges," 20 INDIANA
LAW REVIEW 453 (1987). |
| Bohlen, Francis H., "The Reality of What the Courts
Are Doing," in Radin, Max and Kidd, A.M., Legal Essays
in Tribute to Orrin Kip McMurray, pp. 39-49. Berkeley,
University of California Press, 1935. |
| Currie, George R., "Appellate Courts Use of Facts
Outside of the Record by Resort to Judicial Notice and Independent
Investigation," 1960 WISCONSIN LAW REVIEW 39 (1960). |
| Day, Jack G., "Why Judges Must Make Law," 26 CASE
WESTERN RESERVE 563 (1976). |
| Dickinson, John, "Legal Rules: Their Application
and Elaboration," 79 UNIVERSITY OF PENNSYLVANIA LAW REVIEW
1052 (1931). |
| Dickinson, John, "Legal Rules: Their Function in
the Process of Decision," 79 UNIVERSITY OF PENNSYLVANIA LAW
REVIEW 833 (1931). |
| Fallon, Richard H., "Non-Legal Theory in Judicial
Decision making," 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY
87 (1994). |
| Farber, Daniel A., "The Case Against Brilliance,"
70 MINNESOTA LAW REVIEW 917 (1986). |
| Farber, Daniel A., and Frickey, Philip P., "The Jurisprudence
of Public Choice," 65 TEXAS LAW REVIEW 873 (1987). |
| Frank, Jerome, "Are Judges Human?" 80 UNIVERSITY
OF PENNSYLVANIA LAW REVIEW 17 (1931). |
| Friedman, Lawrence M., "Legal Rules and the Process
of Social Change," 19 STANFORD LAW REVIEW 786 (1967). |
| Fuller, Lon L., "The Forms and Limits of Adjudication,"
92 HARVARD LAW REVIEW 353 (1978). |
| Ganz, G., "Allocation of Decision-making Functions,"
1972 PUBLIC LAW 215 (1972). |
| Graglia, Lino A., "Do Judges Have a Policy-Making
Role in the American System of Government?", 17 HARVARD JOURNAL
OF LAW AND PUBLIC POLICY 119 (1994). |
| Hart, Henry M. and McNaughton, John T., "Evidence
and Inference in the Law," 87 DAEDALUS 40 (Fall, 1958). |
| Henderson, James A., "Judicial Review of Manufacturers'
Conscious Design Choices: The Limits of Adjudication," 73
COLUMBIA LAW REVIEW 1531 (1973). |
| Holmes, Oliver Wendell, "The Path of the Law," 10
HARVARD LAW REVIEW 61 (1897). |
| Hopkins, James D., "Fictions and the Judicial Process:
A Preliminary Theory of Decision," 33 BROOKLYN LAW REVIEW
1 (1966). |
| Howarth, David, "O Madness of Discourse, That Cause
Sets Up With and Against Itself!" 96 YALE LAW JOURNAL 1389
(1987) (reviewing Hart, H.L.A., and Honore, Tony, Causation
in the Law (1985)). |
| Hubbard, F. Patrick and Larsen, Mary Johnson, , "Contract
Cohabitation: A Jurisprudential Perspective on Common Law
Judging," 19 JOURNAL OF FAMILY LAW 655 (1980-81). |
| Hughes, Graham, "Rules, Policy and Decision Making,"
77 YALE LAW JOURNAL 411 (1968). |
| Hutcheson, Joseph C. Jr., "The Judgment Intuitive:
The Function of the 'Hunch' in Judicial Decision," 14 CORNELL
LAW QUARTERLY 274 (1928/29). |
| Jowell, Jeffrey, "The Legal Control of Administrative
Discretion," 1978 PUBLIC LAW 178 (1973). |
| Kelman, Mark, "On Democracy-Bashing: A Skeptical
Look at the Theoretical and 'Empirical' Practice of the Public
Choice Movement," 74 VIRGINIA LAW REVIEW 199 (1988). |
| Kennedy, Duncan, "Legal Formality," 2 JOURNAL OF
LEGAL STUDIES 351 (1973). |
| Leff, Arthur Allen, "Economic Analysis of Law: Some
Realism About Normalism," 60 VIRGINIA LAW REVIEW 451 (1974). |
| Lyons, David, "Formal Justice, Moral Commitment,
and Judicial Precedent," 81 JOURNAL OF PHILOSOPHY 580 (1984). |
| McHugh, James B., "Risk Administration in the Marketplace:
A Reappraisal of the Independent Contractor Rule," 40 UNIVERSITY
OF CHICAGO LAW REVIEW 661 (1973). |
| Miller, Arthur S. and Barron, Jerome A., "The Supreme
Court , The Adversary System, and the Flow of Information
to the Justices: A Preliminary Inquiry," 61 VIRGINIA LAW REVIEW
1187 (1975). |
| Note, "Limitation of Judicial Decisions to Prospective
Operation," 46 IOWA LAW REVIEW 600 (1961). |
| Note, "Social and Economic Facts - Appraisal of Suggested
Techniques for Presenting Them to the Courts," 61 HARVARD
LAW REVIEW 692 (1948). |
| O'Connell, Kenneth J., "Continuing Legal Education
for the Judiciary," 16 JOURNAL OF LEGAL EDUCATION 405 (1964). |
| O'Connell, Kenneth J., "Oregon's Common Law Tradition:
An Endangered Species," 27 WILLAMETTE LAW REVIEW 197 (1991). |
| O'Connell, Kenneth J., "Patterns of Decision-making:
A Device for Teaching Appellate Judges, et al., " 70
OREGON LAW REVIEW 57 (1991). |
| O'Connell, Kenneth J., "Taking Process Seriously
in Judicial Decision Making," 67 OREGON LAW REVIEW 837 (1988). |
| Oliphant, Herman, "Facts, Opinions, and Value Judgments,"
10 TEXAS LAW REVIEW 127 (1932). |
| Philbrick, Francis S., "Changing Conceptions of Property
in Law," 86 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 691 (1938). |
| Rheinstein, Max, "Who Watches the Watchmen?," Chapter
29, p. 589 in Sayre, P., Interpretations of Modern Legal
Philosophies N.Y., Oxford (1947). |
| Rose, Carol, "The Comedy of the Commons: Custom,
Commerce, and Inherently Public Property," 53 UNIVERSITY OF
CHICAGO LAW REVIEW 711 (1986). |
| Rostow, Eugene V., "The Democratic Character of Judicial
Review," 66 HARVARD LAW REVIEW 193 (1952). |
| Schauer, Frederick, "Opinions as Rules," 53 UNIVERSITY
OF CHICAGO LAW REVIEW 682 (1986) (reviewing Bernard Schwartz,
The Unpublished Opinions of the Warren Court (1985)). |
| Schaefer, Walter, "Precedent and Policy," 34 UNIVERSITY
OF CHICAGO LAW REVIEW 3 (1966). |
| Schlag, Pierre, "Autonomous Self," 76 GEORGETOWN
LAW JOURNAL 37 (1987). |
| Schlag, Pierre, "Rules and Standards," 33 UCLA LAW
REVIEW 379 (1985). |
| Traynor, Roger J., "The Well Tempered Judicial Decision,"
21 ARKANSAS LAW REVIEW 287 (1967). |
| Wachtler, Sol, "Judicial Lawmaking," 65 NEW YORK
UNIVERSITY LAW REVIEW 1 (1990). |
| Weiler, Paul, "Two Models of Judicial Decision-making,"
46 CANADIAN BAR REVIEW 406 (1968). |
| White, James Boyd, "Judicial Criticism," 20 GEORGIA
LAW REVIEW 835 (1986). |
| Williams, Stephen F., "Panel IV: Non-Legal Theory
in Judicial Decision-making: 'Legal' vs 'Non-Legal' Theory,"
17 HARVARD JOURNAL OF LAW & PUBLIC POLICY 79 (1994). |
| Yeazell, Stephen C., "Convention, Fiction and Law,"
13 NEW LITERARY HISTORY 89 (1981). |
JUDICIAL DISCRETION, VALUES AND JUSTIFICATION
|
|
| Cahn, Edmond, "Authority and Responsibility," 51
COLUMBIA LAW REVIEW 838 (1951). |
| Cohen, Felix, "The Ethical Basis of Legal Criticism,"
41 YALE LAW JOURNAL 201 (1931). |
| D'Amato, Anthony, "Can Any Legal Theory Constrain
Any Judicial Decision?," 43 UNIVERSITY OF MIAMI LAW REVIEW
513 (1989). |
| Greenawalt, Kent, "Discretion and Judicial Decision:
The Elusive Quest for The Fetters That Bind Judges," 75 COLUMBIA
LAW REVIEW 359 (1975). |
| Kadish, Sanford, "Methodology and Criteria in Due
Process Adjudication - A Survey and Criticism," 66 YALE LAW
JOURNAL 319 (1975). |
| Leff, Arthur Allen, "Memorandum", 29 STANFORD LAW
REVIEW 879 (1977) (reviewing Roberto M. Unger, Knowledge
and Politics (1925)). |
| Leff, Arthur Allen, "Law and Technology: On Shoring
up a Void," 8 OTTAWA LAW REVIEW 536 (1976). |
| Leff, Arthur Allen, "Unspeakable Ethics, Unnatural
Law, " 1979 DUKE LAW JOURNAL 1229 (1979). |
| Lyons, David, "Justification and Judicial Responsibility,"
72 CALIFORNIA LAW REVIEW 178 (1984). |
| Posner, Richard, "The Jurisprudence of Skepticism,"
86 MICHIGAN LAW REVIEW 827 (1988). |
| Sadurski, Wojciech, "Conventional Morality and Judicial
Standards," 73 VIRGINIA LAW REVIEW ASSOCIATION 339 (1987). |
| Winter, Steven L., "Bull Durham and The Uses of Theory,"
42 STANFORD LAW REVIEW 639 (1990). |
|
|
|
| Christie, George C., "Lawful Departures From Legal
Rules: 'Jury Nullification' and Legitimated Disobedience,"
62 CALIFORNIA LAW REVIEW 1289 (1974). |
| Cook, Walter Wheeler., "'Substance' and 'Procedure'
in the Conflict of Laws,' 42 YALE LAW JOURNAL 333 (1933). |
| Cook, Walter Wheeler, "The Characterization of 'Things'
as 'Tangible' and 'Intangible'," Ch. XI in The Logical
and Legal Bases of the Conflict of Laws, Cambridge, Mass.,
Harvard University Press, 1942. See also "An Unpublished
Chapter of the Logical and Legal Bases of the Conflict of
Laws," 37 ILLINOIS LAW REVIEW 418 (1943). |
| Cook, Walter Wheeler, "'Immovables' and the 'Law'
of the 'Situs': A Study in the Ambiguity of Legal Terminology,"
52 HARVARD LAW REVIEW 1246 (1939). |
| Ehrlich, Isaac & Posner, Richard, "An Economic
Analysis of Legal Rulemaking," 3 JOURNAL OF LEGAL STUDIES
257 (1974). |
| Epstein, Richard A., "Unconscionability: A Critical
Reappraisal," 18 JOURNAL OF LAW AND ECONOMICS 293 (1975). |
| Fuller, Lon L., "Introduction," to Schock, Magdalena,
ed., The Jurisprudence of Interests,, Cambridge, Mass.,
Harvard University Press, 1948. |
| Gilmore, Grant, "The Age of Antiquarius: On Legal
History in a Time of Troubles," 39 UNIVERSITY OF CHICAGO LAW
REVIEW 475 (1972). |
| Gilmore, Grant, "Legal Realism: Its Cause and Cure,"
70 YALE LAW JOURNAL 1037 (1961). |
| Greenawalt, Kent, "Policy, Rights, and Judicial Decision,"
11 GEORGIA LAW REVIEW 991 (1977). |
| Heffernan, William, "The Dual Problems of Justification:
A Key to the Unity of Karl Llewellyn's Jurisprudence," 45
UNIVERSITY OF CHICAGO LAW REVIEW 654 (1978). |
| Johnston, Jason Scott, "Uncertainty, Chaos, and the
Torts Process: An Economic Analysis of Legal Form," 76 CORNELL
LAW REVIEW 341 (1991). |
| Jones, Harry W., "An Invitation to Jurisprudence,"
74 COLUMBIA LAW REVIEW 1023 (1974). |
| Kennedy, Duncan, "Form and Substance in Private Law
Adjudication," 89 HARVARD LAW REVIEW 1685 (1976). |
| Levinson, Sanford, "What Do Lawyers Know (And What
Do They Do With Their Knowledge)? Comments on Schauer and
Moore," 58 SOUTHERN CALIFORNIA LAW REVIEW 441 (1985). |
| Loevinger, Lee, " Facts, Evidence and Legal Proof,"
9 WESTERN RESERVE LAW REVIEW 154 (1958). |
| Pound, Roscoe., "Mechanical Jurisprudence," 8 COLUMBIA
LAW REVIEW 605 (1908). |
| Reisman, Michael, "Lining Up: The Microlegal System
of Queues," 54 UNIVERSITY OF CINCINNATI LAW REVIEW 417 (1985). |
| Richards, David A. J., "Rules, Policies and Neutral
Principles: The Search for Legitimacy in Common Law and Constitutional
Adjudication," 11 GEORGIA LAW REVIEW 1069 (1977). |
| Westen, Peter, "The Empty Idea of Equality," 95 HARVARD
LAW REVIEW 537 (1982). |
|
|
|
| Allen, Richard C., "The Dynamics of Interpersonal
Communication and the Law," 3 WASHBURN LAW JOURNAL 135 (1964). |
| Arensburg, Charles C., "Failure of Communication
in the Law," 56 DICKINSON LAW REVIEW 307 (1952). |
| Chafee, Zechariah, Jr., "The Disorderly Conduct of
Words," XLI COLUMBIA LAW REVIEW 381 (1941). |
| Christie, George C., "Vagueness and Legal Language,"
48 MINNESOTA LAW REVIEW 885 (1964). |
| Cohen, Felix S., "Transcendental Nonsense and the
Functional Approach," 35 COLUMBIA LAW REVIEW 809 (1935). |
| Farnsworth, E. Allan, "'Meaning' in the Law of Contracts,"
76 YALE LAW JOURNAL 939 (1967). |
| Friedman, Lawrence M., "Law and its Language," 33
GEORGE WASHINGTON LAW REVIEW 563 (1964). |
| Furia, Guy G. de., "The Law and Semantics," 21 PENNSYLVANIA
BAR ASSOCIATION QUARTERLY 18 (1949). |
| Goodrich, Peter, "The Role of Linguistics in Legal
Analysis," 47 MODERN LAW REVIEW 523 (1984). |
| Hancock, Moffatt, "Fallacy of the Transplanted Category,"
37 CANADIAN BAR REVIEW 535 (1959). |
| Moore, Michael S., "The Semantics of Judging," 54
SOUTHERN CALIFORNIA LAW REVIEW 151 (1981). |
| Murray, James E., "Understanding Law as Metaphor,"
34 JOURNAL OF LEGAL EDUCATION 714 (1984). |
| O'Connell, Kenneth J., "Word Games Judges Play,"
18 TRIAL LAWYERS GUIDE 330 (1974). |
| Probert, Walter, "Law and Persuasion: The Language
Behavior of Lawyers," 108 UNIVERSITY OF PENNSYLVANIA 35 (1959). |
| Probert, Walter, "The Psycho-Semantics of Judicial
Inquiry," 33 TEMPLE LAW QUARTERLY 235 (1961). |
| Ross, Alf, "To-To", 70 HARVARD LAW REVIEW 812 (1957). |
| Shartel, Burke, "Meanings of Possession," 16 MINNESOTA
LAW REVIEW 611 (1932). |
| Westen, Peter, "'Freedom' and 'Coercion' - Virtue
Words and Vice Words," 1985 DUKE LAW JOURNAL 541 (1985). |
| White, James Boyd, "Law as Rhetoric, Rhetoric as
Law: The Arts of Cultural and Communal Life," 52 UNIVERSITY
OF CHICAGO LAW REVIEW 684 (1985). |
| White, James Boyd, "Thinking About of Language,"
96 YALE LAW JOURNAL 1960 (1987). |
| Williams, Glanville L., "Language and the Law" 61
THE LAW QUARTERLY REVIEW 71 (1945). |
|
|
|
|
| Lee, Otis, "Social Values and the Philosophy of Law,"
32 VIRGINIA LAW REVIEW 802 (1946). |
| Morris, Clarence, "Law, Reason and Sociology," 107
UNIVERSITY OF PENNSYLVANIA LAW REVIEW 147 (1958). |
| Monahan, John, and Walker, Laurens, "Social Authority:
Obtaining, Evaluating, and Establishing Social Science in
Law," 134 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 477 (1986). |
| O'Brien, David M., "The Seduction of the Judiciary:
Social Science and the Courts," 64 JUDICATURE 8 (1980). |
| Patterson, Edwin W., "Some Reflections on Sociological
Jurisprudence," 44 VIRGINIA LAW REVIEW 395 (1958). |
| Perry, Charner M., "Knowledge As a Basis for Social
Reform," XLV INTERNATIONAL JOURNAL OF ETHICS 253 (1934/35). |
| Pound, Roscoe, "A Survey of Social Interests," LVII
HARVARD LAW REVIEW 1 (1943). |
| Rose, Arnold M., "Problems in the Sociology of Law
and Law Enforcement," 6 JOURNAL OF LEGAL EDUCATION 191 (1953). |
LEGAL
ANALYSIS AND REASONING
|
|
| Bodenheimer, Edgar, "A Neglected Theory of Legal
Reasoning," 21 JOURNAL OF LEGAL REASONING 373 (1969). |
| Burton., Steven J., "Reaffirming Legal Reasoning:
The Challenge From the Left," 36 JOURNAL OF LEGAL EDUCATION
358 (1986). |
| Calhoun, Emily, "Thinking Like a Lawyer," 34 JOURNAL
OF LEGAL EDUCATION 507 (1984). |
| Cohen, Felix S., "Field Theory and Judicial Logic,"
59 YALE LAW JOURNAL 238 (1950). |
| Cohen, Morris R., "On Absolutisms in Legal Thought,"
84 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 681 (1936). |
| Cohen, Morris R., "The Place of Logic in the Law,"
29 HARVARD LAW REVIEW 622 (1916). |
| Dewey, John, "Logical Method and Law," 10 CORNELL
LAW QUARTERLY 17 (1924-25). |
| Faust, John R., "Strict Liability in Landowner
Cases," 42 OREGON LAW REVIEW 273 (1963). |
| Fletcher, George P., "Paradoxes in Legal Thought",
85 COLUMBIA LAW REVIEW 1263 (1985). |
| Freund, Paul A., "Rationality in Judicial Decisions,"
and Kaplan, A. Graham, "Some Limitations on Rationality,"
in Friedrich, Carl, ed., Rational Decision, chapters
8 and 4, Nomos VII, N.Y. Atherton, 1967. |
| Fuller, Lon L, "Legal Fictions," 25 ILLINOIS LAW
REVIEW 363 (1930). |
| Isaacs, Nathan, "The Law and the Facts," XXII COLUMBIA
LAW REVIEW 1 (1922). |
| Jaffe, Louis L., "Judicial Review: Constitutional
and Jurisdictional Fact," 70 HARVARD LAW REVIEW 953 (1957). |
| Jaffe, Louis L., "Judicial Review: Question of
Fact," 69 HARVARD LAW REVIEW 1020 (1956). |
| Jaffe, Louis L., "Judicial Review: Question of
Law," 69 HARVARD LAW REVIEW 239 (1955). |
| Kairys, David, Ed., Politics of Law: A Progressive
Critique, N.Y., Pantheon, 1982 (3rd ed. 1998, N.Y.,
Basic Books). |
| Levi, Edward H., "The Nature of Judicial Reasoning,"
32 UNIVERSITY OF CHICAGO LAW REVIEW 395 (1965). |
| Mayo, Louis H., and Jones, Ernest M., "Legal-Policy
Decision Process: Alternative Thinking and the Predictive
Function," 33 GEORGE WASHINGTON LAW REVIEW 318 (1964). |
| Moore, Michael S., "A Natural Law Theory of Interpretation,"
58 SOUTHERN CALIFORNIA LAW REVIEW 277 (1985). |
| Schlag, Pierre, "Cannibal Moves: An Essay on the
Metamorphoses of the Legal Distinction," 40 STANFORD LAW
REVIEW 929 (1988). |
| Schlag, Pierre, "Missing Pieces: A Cognitive Approach
to Law," 67 TEXAS LAW REVIEW 1195 (1989). |
| Stick, John, "Can Nihilism Be Pragmatic?" 100 HARVARD
LAW REVIEW 332 (1986). |
| Stoljar, Samuel J., "The Logical Status of a Legal
Principle," 20 UNIVERSITY OF CHICAGO LAW REVIEW 181 (1953). |
| Summers, Robert S., "Two Types of Substantive Reasons:
The Core of a Theory of Common-Law Justification," 63 CORNELL
LAW REVIEW 707 (1978). |
| Terrell, Timothy P., "Flatlaw: An Essay on the
Dimensions of Legal Reasoning and the Development of Fundamental
Normative Principles," 72 CALIFORNIA LAW REVIEW 288 (1984). |
| Terrell, Timothy P., "'Property,' and the Distinction
Between Definition and Theory in Legal Analysis," 70 GEORGETOWN
LAW REVIEW 861 (1982). |
| Warner, Richard, "Three Theories on Legal Reasoning,"
62 SOUTHERN CALIFORNIA LAW REVIEW 1523 (1989). |
| Wellman, Vincent A., "Practical Reasoning and Judicial
Justification: Toward an Adequate Theory," 57 UNIVERSITY
OF COLORADO LAW REVIEW 45 (1985). |
| Winter, Steven L., "Transcendental Nonsense, Metaphoric
Reasoning, and the Cognitive Stakes for Law," 137
UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1105 (1989). |
|
|
|
|
| Cahn, Naomi R., Calmore, John O., Coombs, Mary
I., Greene, Dwight L., Miller, Geoffrey C., Paul, Jeremy
and Stein, Laura W., "The Case of the Speluncean Explorers:
Contemporary Proceedings," 61 GEORGE WASHINGTON LAW REVIEW
1754 (1993) (Further discussion of Lon L. Fuller, "The Case
of the Speluncean Explorers," 62 HARVARD LAW REVIEW 616
(1949)). |
| "Conference on Statutory Interpretation: The Role
of Legislative History in Judicial Interpretation," 1987
DUKE LAW JOURNAL 362 (1987). |
| Cunningham, Clark D., Levi, Judith N., Green, Georgia
M., and Kaplan, Jeffrey P., "Plain Meaning and Hard Cases,"
103 YALE LAW JOURNAL 1561 (1994) (reviewing Lawrence
M. Solan, The Language of Judges, (1993)). |
| Easterbrook, Frank H., "Text, History and Structure
in Statutory Interpretation," 17 HARVARD JOURNAL OF LAW
& PUBLIC POLICY 61 (1994). |
| Engholm, Rudy, "Logic and Laws: Relief from Statutory
Obfuscation," 9 JOURNAL OF LAW REFORM 322 (1976). |
| Eskridge, William N., Jr., "Dynamic Statutory Interpretation,"
135 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1479 (1987). |
| Eskridge, William N., Jr., "Politics Without Romance:
Implications of Public Choice Theory for Statutory Interpretation,"
74 VIRGINIA LAW REVIEW 275 (1988). |
| Eskridge, William N. Jr. and Frickey, Philip P.,
"Statutory Interpretation as Practical Reasoning," 42 STANFORD
LAW REVIEW 321 (1990). |
| Fiss, Owen M., "Conventionalism," 58 SOUTHERN CALIFORNIA
LAW REVIEW 177 (1985). |
| Frickey, Philip F., "From the Big Sleep to the
Big Heat: The Revival of Theory in Statutory Interpretation,"
77 MINNESOTA LAW REVIEW 241 (1992). |
| Michaels, Walter Benn, "Against Formalism" The
Autonomous Text in Legal and Literary Interpretation," 1
POETICS TODAY 23 (1973). |
| Note, "Looking it Up: Dictionaries and Statutory
Interpretation," 107 HARVARD LAW REVIEW 1437 (1994). |
| Randolph, A. Raymond, "Dictionaries, Plain Meaning,
and context in Statutory Interpretation," 17 HARVARD JOURNAL
OF LAW AND PUBLIC POLICY 71 (1994). |
| Sunstein, Cass R., "Interpreting Statutes in the
Regulatory State," 103 HARVARD LAW REVIEW 405 (1989). |
|
|
|
|
| Cohen, William, "Fault and the Automobile Accident:
The Lost Issue in California," 12 UCLA LAW REVIEW 164 (1964). |
| Fenske, Patricia K., Note, "Oregon's Hostility
to Policy Arguments: Heino v. Harper and the Abolition of
Interspousal Immunity," 68 OREGON LAW REVIEW 197 (1989). |
| Fletcher, George P., "Fairness and Utility in Tort
Theory," 85 HARVARD LAW REVIEW 537 (1972). |
| Forrell, Caroline, A., "Replacing Pragmatism and
Policy with Analysis and Analogy: Justice Linde's
Contribution to Oregon Tort Law," 70 OREGON LAW REVIEW 815
(1991). |
| Keeton, Robert E., "Creative Continuity in the
Law of Torts," 75 HARVARD LAW REVIEW 463 (1962). |
| Linde, Hans A., "Courts and Torts: 'Public Policy'
Without Public Politics?" 28 VALPARAISO LAW REVIEW 821 (1994). |
| Maleson, Diane Carter, "Negligence is Dead But
its Doctrine Rule us from the Grave: A Proposal to Limit
Defendants' Responsibility in Strict Products Liability
Actions Without Resort to Proximate Cause," 51 TEMPLE LAW
QUARTERLY 1 (1978). |
| Morris, Clarence, "Hazardous Enterprises and Risk
Bearing Capacity," 61 YALE LAW JOURNAL 1172 (1952). |
| O'Connell, Kenneth J., "A Postmortem Footnote
Upon the Demise of the Fazzolari Error," 72 OREGON
LAW REVIEW 933 (1993). |
| O'Connell, Kenneth J., "Ruminations on Oregon Negligence
Law," 24 WILLAMETTE LAW REVIEW 385 (1988). |
| Siliciano, John A., "Negligent Accounting and the
Limits of Instrumental Tort Reform," 86 MICHIGAN LAW REVIEW
1929 (1931). |
| Sugarman, Stephen D., "Doing Away With Tort Law,"
73 CALIFORNIA LAW REVIEW 555 (1985). |
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to Reading List Index
|
