While its intensity has faded some, the issues in the Fish-Dworkin debate are still with us. This chapter is a look back at the debate and an assessment of its currency for contemporary debates in general jurisprudence

The global trade order that has been in place since the end of the Second World War is now in crisis. Populism has broken out around the world. It is embraced by powerful forces in the United States and Europe, and it is at the root of Brexit and other challenges to the established international...

John Hyman makes a good case for the proposition that duress defeases what would otherwise be a voluntary act. In this article, I consider Hyman's arguments in the context of economic duress and conclude that while Hyman makes an excellent case for the proposition that duress vitiates...

Professor Langdell ventured to classify law as a science. While his theory has since lost popular appeal, it is evident from a brief consideration of his claims that it was, in its own right, a very insightful explication of the nature of law. In this paper I discuss how Langdell's motivation to...

Transnational lawmaking is a burgeoning field of research, both in its empirical and its theoretical aspects. This chapter is devoted largely to the theoretical dimensions of transnational law. The appearance and growth of new legal phenomena cannot be denied. From the European Union to...

This collective paper discusses the many faceted entanglements of knowledge, power and law within, and, even more so, beyond the state. Several eminent scholars in the field offer their view on how the knowledge-power-law nexus should be framed, and what its most salient problems are. In the...

Although it cannot be said to have been free from ideological conflict, the American experiment with democracy has indeed been a limited one. A major premise of 'The Limits of Liberalism' is that the American democratic experience has proceeded from a consensus of liberal values that excludes...

No single issue has more preoccupied modern jurisprudential writers than the limitations of precedent on the lawmaking power of judges. Yet despite this singular concentration, no scholarly consensus has emerged regarding what those limitations are or what form they should take. This continuing...

When a mortgagee accepts from a mortgagor payment of part of a mortgage arrearage, does the mortgagee then waive its right to foreclose? Many bank counsel will say that the mortgagee does waive its right to foreclose, and they will point for authority to the broad holding of <I>Savings & Loan...</i>

Selling shoes in Chicago just got tougher. Struck by an unexpected blow from a source not unfriendly to economic pursuits, the prognosis forrecovery can only be bleak. To make matters worse, the shoe business is not the only victim in this tale of woe: the law took a beating as well.The occasion...