ABSTRACT This synopsis is to our article Varieties of New Legal Realism: Can a New World Order Pr... more ABSTRACT This synopsis is to our article Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? The synopsis and article map and analyze three varieties of a new legal realism. We contend that these varieties of new legal realism provide responses to a “new formalism,” that of neoclassical law and economics. We conclude by outlining a “dynamic new realism” which builds from what we consider to be the best of the new legal realism.
... Felix Frankfurter 1 The study of United States legal history will come of age when its practi... more ... Felix Frankfurter 1 The study of United States legal history will come of age when its practitioners give as much effort to framing questions as to ... Governor, and the Dictator 17 2. The Brain Trust 39 3. Thoroughbreds 55 4. Heat and Love 65 5. White Trash 75 6. Skinner's Trial 89 ...
We stand at an extraordinary moment: never before have so many powerful men wished to be women. F... more We stand at an extraordinary moment: never before have so many powerful men wished to be women. For the first time in history, a massive number of male and female voters--18 million in fact--cast their ballots to nominate a woman, Senator Hillary Clinton, to be President of the United States. Disappointed at Senator Clinton\u27s failure to win the Democratic Party\u27s nomination, many women threatened to bolt the party. Sensing opportunity, the Republican Presidential candidate, Senator John McCain, promptly named as his vice-presidential running mate the first woman ever nominated by the Republican Party to a Presidential ticket. And, not to be outdone, the other vice-presidential candidate, Senator Joe Biden, with characteristic candor, openly wondered whether his running mate might have been better off choosing a woman
Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States a... more Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States are taught to every first-year law student. Buck v. Bell is not. Decided in 1927 by the Taft Court, the case is known for its shocking remedy--sterilization--and Justice Holmes\u27s dramatic rhetoric: Three generations of imbeciles are enough. A mere five paragraphs long, Buck v. Bell could represent the highest ratio of injustice per word ever signed on to by eight Supreme Court Justices, progressive and conservative alike. Buck v. Bell is not a tragedy as some others might define tragedy: it is not a well-known opinion, nor did it yield wide popular criticism; it sits as a quiet evil, a tragedy of indifference to the Constitution and its most basic principles. To include Buck as a tragic opinion is to recognize what Hannah Arendt once dubbed the banality of evil. Even if grounded in eugenic assumptions widely held at the time, Buck v. Bell was an utterly lawless decision. Holmes treated...
ABSTRACT This synopsis is to our article Varieties of New Legal Realism: Can a New World Order Pr... more ABSTRACT This synopsis is to our article Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? The synopsis and article map and analyze three varieties of a new legal realism. We contend that these varieties of new legal realism provide responses to a “new formalism,” that of neoclassical law and economics. We conclude by outlining a “dynamic new realism” which builds from what we consider to be the best of the new legal realism.
... Felix Frankfurter 1 The study of United States legal history will come of age when its practi... more ... Felix Frankfurter 1 The study of United States legal history will come of age when its practitioners give as much effort to framing questions as to ... Governor, and the Dictator 17 2. The Brain Trust 39 3. Thoroughbreds 55 4. Heat and Love 65 5. White Trash 75 6. Skinner's Trial 89 ...
We stand at an extraordinary moment: never before have so many powerful men wished to be women. F... more We stand at an extraordinary moment: never before have so many powerful men wished to be women. For the first time in history, a massive number of male and female voters--18 million in fact--cast their ballots to nominate a woman, Senator Hillary Clinton, to be President of the United States. Disappointed at Senator Clinton\u27s failure to win the Democratic Party\u27s nomination, many women threatened to bolt the party. Sensing opportunity, the Republican Presidential candidate, Senator John McCain, promptly named as his vice-presidential running mate the first woman ever nominated by the Republican Party to a Presidential ticket. And, not to be outdone, the other vice-presidential candidate, Senator Joe Biden, with characteristic candor, openly wondered whether his running mate might have been better off choosing a woman
Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States a... more Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States are taught to every first-year law student. Buck v. Bell is not. Decided in 1927 by the Taft Court, the case is known for its shocking remedy--sterilization--and Justice Holmes\u27s dramatic rhetoric: Three generations of imbeciles are enough. A mere five paragraphs long, Buck v. Bell could represent the highest ratio of injustice per word ever signed on to by eight Supreme Court Justices, progressive and conservative alike. Buck v. Bell is not a tragedy as some others might define tragedy: it is not a well-known opinion, nor did it yield wide popular criticism; it sits as a quiet evil, a tragedy of indifference to the Constitution and its most basic principles. To include Buck as a tragic opinion is to recognize what Hannah Arendt once dubbed the banality of evil. Even if grounded in eugenic assumptions widely held at the time, Buck v. Bell was an utterly lawless decision. Holmes treated...
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