Lian's "Stereoscopic Law"

Alexander Lian has just published Stereoscopic Law: Oliver Wendell Holmes and Legal Education (Cambridge University Press):In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The...

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Giovanopoulou on Pragmatic Liberalism and US Foreign Policy

Afroditi Giovanopoulou, a doctoral candidate, Columbia University, has posted Pragmatic Legalism: Revisiting America's Order after World War II, which is forthcoming in the Harvard International Law Journal 62 (2021): How should we think about the role of law in the making of American foreign policy? Scholarly accounts typically emphasize that the United States led the way for the establishment of...

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Leeming on Lawyers' History and Entick v Carrington

Mark Leeming, Justice of the Court of Appeal of the Supreme Court of New South Wales and Challis Lecturer in Equity at the University of Sydney Law School, has posted Lawyers' Uses of History, from Entick v Carrington to Smethurst v Commissioner of Police, published as (2020) 49 Australian Bar Review...

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Helmholz's "Natural Law in Court" at NBN

Over at New Books Network, Jeffrey Bristol talks to R. H. Helmholz, University of Chicago Law School, about Natural Law in Court: A History of Legal Theory in Practice:R. H. Helmholz's book Natural Law in Court (Harvard UP, 2015) serves as a guide to the uses of natural law in the past. It shows how...

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Magness on Coining "Neoliberalism" in Weimar Germany

Phillip Magness, American Institute for Economic Research, has posted Coining Neoliberalism: Interwar Germany and the Neglected Origins of a Pejorative Moniker:Widespread academic use of the term "neoliberalism" is of surprisingly recent origin, dating to only the late 20th century. The vast and growing literature on this subject has nonetheless settled on an earlier origin story that depicts the...

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Green on Erie's Fall and Rise

Craig Green, Temple Law, has posted Erie and Constitutional Structure: An Intellectual History, which appeared in the Akron Law Review 52 (2019): This essay celebrates Erie's 80th birthday by charting the decision's extremely dynamic significance as a constitutional decision. Newly collected historical evidence shows that "original Erie" was criticized as constitutionally heretical in the 1930s and...

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Barzun on MacKinnon

Charles L. Barzun, University of Virginia School of Law, has posted Catharine MacKinnon and the Common Law:Few scholars have influenced an area of law more profoundly than Catharine MacKinnon. In Sexual Harassment of Working Women (1979), MacKinnon virtually invented the law of sexual harassment by arguing that it constitutes a form of discrimination under Title VII of the Civil Rights Act of 1964....

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