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The Democratic ConstitutionExperimentalism and Interpretation

The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.001.0001
Subject:
Law, Constitutional and Administrative Law

This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from ... More

The Dignity of CommerceMarkets and the Moral Foundations of Contract Law

The Dignity of Commerce: Markets and the Moral Foundations of Contract Law

Nathan B. Oman

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226415529
eISBN:
9780226415666
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226415666.001.0001
Subject:
Law, Philosophy of Law

Why should the law enforce contracts? This book argues that contract law exists primarily to support markets but that markets should be understood as normatively desireable for reasons beyond mere ... More

Evidence of the LawProving Legal Claims

Evidence of the Law: Proving Legal Claims

Gary Lawson

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a book about the general structure of proof, how law sometimes recognizes that structure, how it often does not, and what might happen if legal scholars, jurists, and lawyers think about that ... More

Experiencing Other Minds in the Courtroom

Experiencing Other Minds in the Courtroom

Neal Feigenson

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226413730
eISBN:
9780226413877
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226413877.001.0001
Subject:
Law, Comparative Law

Enterprising trial lawyers are using photos, videos, animations, and sound files to recreate litigants’ private sensory experiences – their impaired vision or hearing due to accidents or malpractice, ... More

The Grasping Hand'Kelo v. City of New London' and the Limits of Eminent Domain

The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Ilya Somin

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.001.0001
Subject:
Law, Constitutional and Administrative Law

In Kelo v. City of New London (2005), the Supreme Court ruled that government can take private property and give it to another private owner in order to promote “economic development,” even though ... More

The Nature of Legal InterpretationWhat Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Brian G. Slocum (ed.)

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.001.0001
Subject:
Law, Constitutional and Administrative Law

Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless — we are all experts on our native tongues. Despite this, ... More

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