Academic

Download of the Week

By Lawrence Solum

The Download of the Week is A Critical Guide to Vehicles in the Park by Frederick Schauer.  Here is the abstract:

The 1958 debate in the pages of the Harvard Law Review between Lon Fuller and H.L.A. Hart is one of the landmarks of modern jurisprudence. And although much of the debate was about the relative merits of Hart's version of legal positivism and Fuller's brand of natural law theory, the debate also contained the memorable controversy about the fictional rule prohibiting vehicles from the park. By examining this debate, and by largely removing it from the surrounding controversy over positivism and natural law, we can still gain valuable insights about legal rules, legal interpretation, and the nature of legal language.

Lot's of good papers this week, including:

Orin S. Kerr, The Limits of Fourth Amendment Injunctions

William A. Edmundson, Pluralism, Intransitivity, Incoherence

Kurt T. Lash, Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle of Strict Construction

Henry E. Smith (Yale Law School) has posted Governing Water: The Semicommons of Fluid Property Rights

Full post as published by Legal Theory Blog on June 21, 2008 (boomark / email).