Volume 95
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ArticleVol. 95 · Iss. 5
Phenomenology, Colonialism, and the Administrative State
In A Realistic Theory of Law, Brian Tamanaha rejects the claim that universal legal principles exist, and its variant that essential features of law…
Edward L. Rubin -
ArticleVol. 95 · Iss. 5
The Data of Jurisprudence
In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it,…
Gerald J. Postema -
ArticleVol. 95 · Iss. 5
The Pragmatist Tradition: Lessons for Legal Theorists
As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition…
Susan Haack -
ArticleVol. 95 · Iss. 5
A New Historical Jurisprudence?
In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up…
Brian H. Bix -
ArticleVol. 95 · Iss. 5
Three Forms of Legal Pragmatism
Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I…
Charles L. Barzun -
ArticleVol. 95 · Iss. 4
Algorithmic Entities
In a 2014 article, Professor Shawn Bayern demonstrated that anyone can confer legal personhood on an autonomous computer algorithm by putting it in control…
Lynn M. LoPucki -
ArticleVol. 95 · Iss. 4
Income-Dependent Punitive Damages
Punitive damages are sums awarded to tort victims over and above their compensable harm. Despite their relative rarity, they have been very salient in…
Ronen Perry & Elena Kantorowicz -
ArticleVol. 95 · Iss. 4
The Corporate Governance of National Security
At hundreds of companies, the government installs former spies and military officers to run the business without shareholder oversight, putting security before profits in…
Andrew Verstein -
NoteVol. 95 · Iss. 4
Shielding Children from Pornography by Incentivizing Private Choice
In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle…
Karen Hinkley -
NoteVol. 95 · Iss. 4
Decentralized Public Ledger Systems and Securities Law: New Applications of Blockchain Technology and the Revitalization of Sections 11 And 12(A)(2) of the Securities Act Of 1933
When Bitcoin launched in 2009, it was the first virtual cryptocurrency to gain popularity and attain widespread use. Much attention has been paid to…
Kelsey Bolin -
ArticleVol. 95 · Iss. 3
IP, R.I.P.
Death is an inevitably disruptive event. When a famous artist or public figure dies, the fallout can be particularly complex and contentious. An artist’s…
Andrew Gilden -
ArticleVol. 95 · Iss. 3
Amnesty for Even the Worst Offenders
In recent years, global policy makers have declared that heads of state must be held accountable through criminal prosecution for internationally wrongful acts. Scholars…
Jay Butler