UNIV 3784 Lecture Notes - Lecture 8: Critical Legal Studies, Summer Camp, Jack Balkin
Document Summary
The passage is the target of critique not a model for emulation. One liberal response to warren court era and legacy of realist critique: get over it. Rethink the judicial process to accommodate erasure and on the ground. Developing the legal issues and law on the fly. The decree is forward-looking and requires ongoing policing. The active role of the trial judge in: Take every aspect of the passage and relate it to the main idea. Key points in dworkin passage interpretation traditions concepts of the legal order rights seriously. The proliferation of articles in the major law journals and multiple law review. Breakup with law and society and then a series of conferences. The passage is an analogy to proper judging. Connects up the idea of institutional rights to principled adjudication. Accepts the open-ended nature of many legal commands and thus the need for. Interpretation draws on referee s grasp of institutional commitments and.
