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This article takes a new approach to the problem of legal rationality. In the 1920s and 1930s the Legal Realists criticized judicial decisions as quot;magic solving wordsquot; and quot;word ritual.quot; Though the Realist critique continues to shape American jurisprudence, the legal magic they...
Persistent link: https://www.econbiz.de/10012706775
Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or...
Persistent link: https://www.econbiz.de/10013231360
This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of...
Persistent link: https://www.econbiz.de/10013244014