... of the last century: the concepts of legal formalism and legal realism. The book aims "to fre...82) . * "when approaching cases judges typically respond to what they perceive as ...
Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools to give up on theory and focus more on training students for the practice of law. However, this Essay shows that the future may be more uncertain and complex. The only thing that is certain is that law schools may face, for the first time, the need to provide the type of education the market demands rather than serving lawyers’ and law professors’ preferences. Legal educators must respond to these demands by serving not just the existing U.S. market for legal services but also a global market for legal information. This may call for training in some, but not all, of the theories and disciplines that have been developing in law schools.
This paper reflects on the literature on courts and politics in Europe and the United States. US-American Political Science has dealt for several decades already with the role of courts and judges as political actors, whereas this perspective has only recently emerged in Europe. The debates differ not only with regard to the number of articles, but also with regard to their content. This paper discusses the different research perspectives that are being pursued on both sides of the Atlantic. While a major part of the US-American literature investigates the politics of judicial action and the politicization of the legal system, research on European courts confines itself to analyzing the effects of judicial action, often describing them in terms of juridification. Based on a review of th...
... tradition was given by the "legal realism" movement that enjoyed greatest prominence in the ...Brennan decided cases as he did because he was liberal; Justice William ...
... Era, so our mental topography of American legal history is shaped by its division into formalism, realism, legal process, and the modern period, the last of..., and background understandings to decide cases coming before them (pp. 18-19, 32-43). In one tell...
...That does not suffice. Our caseshave been clear that the obscenity exception to the Fir... Brieffor Comic Book Legal Defense Fund as Amicus Curiae 11- . 15.5 And, of ...).Barlett & Rodeheffer, Effects of Realism on Extended Violent and Nonviolent Video Game Pl...
... political order by means of constitutional-legal reasoning in which different understandings of the...-emptive warfare are just a few examples of cases in which constitutional-legal reasoning has played... associated with claims about political realism in international relations, can turn into a peculi...
... reminiscent of certain forms of political realism. Arguably, however, reason denied a privileged sta... of liberal peace have mostly treated cases of longstanding, well-established states; conseque... asserts, is at "the origin of every [legal] contract," defining it, "even if violence is not ...
...Due Process Based Legal Challenges to the 1267 Sanctions Regime D. 1267 Sa...(164) . Moreover, just because in some cases the exercise of the Security Council's powers may ..., HUMAN RIGHTS: BETWEEN IDEALISM AND REALISM 87 (2003). See also Bothe, supra note 178, at 543....
...Simmons, (2) most of the legal world in the United States was alerted to the exis... Inter-American Court of Human Rights, for cases brought under the relevant human rights regimes. o...Doyle, Ways of War and Peace: Realism, Liberalism, and Socialism 205-311 (1997) (liberal...
... to water deriving primarily from national legal orders. . I. INTRODUCTION . The Niyamgiri Hills fo... used interchangeably and will be, in most cases, substituted by the term "corporation," or the adj..., HUMAN RIGHTS: BETWEEN IDEALISM AND REALISM 309 (Oxford University Press 2003). . (48.) WORLD ...
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