Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism." Originalism is actually a family of ...

Introduction One of the most important topics in legal theory is “legal interpretation,” which deals with the derivation of meaning from legal texts. Of course, legal interpretation is a very large ...

Introduction If I had to select only one theoretical tool for a first-year law student to master, it would be the ex post/ex ante distinction. (Of course, this is cheating, because there is a lot ...

Introduction One of the most famous distinctions in contemporary legal theory was made popular by Guido Calabresi & A. Douglas Melamed's famous article, Property Rules, Liability Rules, and ...

Introduction Although the first year of law school is weighted towards the study of common law subjects (contracts, common law crimes, property, and torts) with perhaps some civil procedure and ...

Introduction In 1975, Ronald Dworkin published Hard Cases (88 Harvard Law Review 1057 (1975) reprinted in Ronald Dworkin, Taking Rights Seriously chapter 4 (Harvard University Press, 1977)). This is ...

Introduction It all depends on your first year section, but many law students begin to get a sinking feeling about the law early in their first year. Does the law actually make any difference to the ...