§ 13.1 Classic Account of American Legal History: Five Eras of American Law. § 13.2 A Similar Critical Legal Studies Version of American Legal History. § 13.3 Results of The Decisionmaking Styles: Constitutional Law Doctrine. § 13.4 Decisionmaking Styles of the Justices: Current and Recent Past.
The rubric Asian American literary/cultural studies also points to how the three texts I will discuss can be situated as part of a growing body of works that investigate the relationship of Asian American studies not just to the established disciplines but to other interdisciplinary fields such as Asian studies, critical legal studies, and transnational studies (Chuh); women's studies, visual studies, and American studies (Creef); and queer studies, diaspora studies, South Asian studies, and postcolonial studies (Gopinath).
§ 11.1 Introduction to Instrumentalist Decisionmaking. § 11.2 Defining the Instrumentalist Style of Constitutional Interpretation. § 11.2.1 Treatment of Contemporaneous Sources of Interpretation. § 11.2.1.1 Treatment of Text. § 11.2.1.2 Treatment of Context. § 11.2.1.3 Treatment of History. § 11.2.2 Treatment of Subsequent Developments. § 11.2.2.1 Legislative, Executive & Social Practice. § 11.2.2.2 Judicial Precedents. § 11.2.2.3 Prudential Considerations. § 11.3 Variations in the Instrumentalist Approach. § 11.3.1 Summary of the Basic Instrumentalist Approach. § 11.3.2 Extreme versus Moderate Instrumentalism. § 11.3.3 Conservative versus Liberal Instrumentalism. § 11.3.4 Other Variations of Instrumentalism. § 11.3.4.1 "Non-Critical" Approaches. A. Pragmatism. B. Utilitarianism. C. Kan...
... "critical" approaches, such as Critical Legal Studies, feminist theory, or critical race theory....
In turn, these laws generated scholarly legal studies critical of them. [...] Backlash 9/11, there had been no systematic study of the impact of these laws on the affected communities and their responses. The authors define backlash as individual acts of scapegoating and hate crimes, but its repressive nature is most deeply experienced when the state issues laws and takes actions against the affected group(s).
As my last column closed, I asked whether we wish to leave the effort to reconcile the various jurisprudential philosophies to economists, who evaluate legal outcomes solely by their degree of conformity to economic theory. My answer is no. Instead, we will turn to the legal and jurisprudential philosophy of pragmatism. Pragmatism is the theory - or as Judge Richard A. Posner suggests, the anti-theory - that debunks all pretenses that judges are able to construct a pipeline to the truth. In doing so, pragmatism implicitly acknowledges the validity of the critiques of the law expressed in the writings of the legal realists, the critical studies and critical race theorists, and the so-called radical feminists.
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