Vol. 137 No. 5 In Violence and the Word, Professor Robert Cover describes law as “tak[ing] place in a field of pain and death.” International law and human...
Response to The Incompatibility of Substantive Canons and Textualism
Vol. 137 No. 2 Introduction In an important new Article, The Incompatibility of Substantive Canons and Textualism, Professors Benjamin Eidelson and Matthew Stephenson argue that substantive canons cannot...
Vol. 137 No. 2 Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...
Vol. 137 No. 1 Quantum physicists recognize that the very act of observing causes an inevitable “disturbance of the object observed.” The Supreme Court can sometimes resemble a...
Vol. 136 No. 7 Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Vol. 136 No. 5 Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Vol. 136 No. 3 Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
Vol. 135 No. 3 Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....
Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4 Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
Vol. 134 No. 3 Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon...