Tag Archives: Lexicon

Legal Theory Lexicon for 1Ls: The Coase Therom

For the first few weeks of the Fall Semester, Legal Theory Blog features select Legal Theory Lexicon entries of special interest to first year law students. Introduction This week the Legal Theory Lexicon investigates the Coase theorem. Ronald Coase is a member of the … Continue reading

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Legal Theory Lexicon for 1Ls: Ex Ante & Ex Post

For the first 10 weeks of the Fall Semester, select Legal Theory Lexicon entries of special interest to first-year law students in their first semester will be posted in addition to the regular set  of Lexicon entries. Introduction If I … Continue reading

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Legal Theory Lexicon: Property Rules and Liability Rules

Introduction One of the most famous distinctions in contemporary legal theory was made popular by Guido Calabresi & A. Douglas Melamed s famous article, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral.  The core idea is simple.  … Continue reading

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Legal Theory Lexicon: Legitimacy

Introduction Legitimacy. It’s a word much bandied about by students of the law. “Bush v. Gore was an illegitimate decision.” “The Supreme Court’s implied fundamental rights jurisprudence lacks legitimacy.” “The invasion of Iraq does not have a legitimate basis in … Continue reading

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Legal Theory Lexicon: Strict Construction and Judicial Activism

Introduction This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal theory, the point of this post is to debunk two concepts that sometimes seem to have very little content … Continue reading

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