Minutes before a New York jury convicted Donald Trump on thirty-four counts of falsifying business records, I had posted the following on social media: Many trial watchers were curious whether the law ...
During my law school years, one of the courses I took was jurisprudence. Unlike most other classes, which taught the “nuts and bolts” of the legal system, jurisprudence was more philosophical, ...
In the previous installment in this two-part series, I surveyed how the theory of “legal realism” came to displace the traditional views of law shared by Anglo-American attorneys and judges. I ...
Loading the Elevenlabs Text to Speech AudioNative Player... Is the American criminal justice system rigged on behalf of defendants, even the guilty—and if so, why? And what is to be done? Yes, there’s ...
During a recent visit to Bangladesh, I conducted interviews for a specific purpose. One case of interest was the prolonged legal proceedings surrounding the Rana Plaza tragedy, which began on 24 April ...
To understand Legal Realism, one must know something of the system of rules and ideas it was designed to discredit and displace. Various labels, most of them censorious, have been used to describe ...
Others may argue that law is what a statute says or law might be what a regulation says explicitly. A legal positivist might argue that law is a command backed by a sanction. A naturalist may argue ...
In the canon of Legal Realism, there are two classic treatments of the subject of intellectual property. The first is Felix Cohen's brief but fierce attack, in the midst of his most famous article, on ...