Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism." Originalism is actually a family of ...

Introduction Every law student learns that the relationship of a legal text to the resolution of a particular case can be complex. What does the text mean? How does that meaning translate into legal ...

Introduction One of the most important topics in legal theory is “legal interpretation,” which deals with the derivation of meaning from legal texts. Of course, legal interpretation is a very large ...

Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation. Some legal texts are ambiguous--they contain ...

Introduction If I had to select only one theoretical tool for a first-year law student to master, it would be the ex post/ex ante distinction. (Of course, this is cheating, because there is a lot ...

Introduction Although the first year of law school is weighted towards the study of common law subjects (contracts, common law crimes, property, and torts) with perhaps some civil procedure and ...

Introduction In 1975, Ronald Dworkin published Hard Cases (88 Harvard Law Review 1057 (1975) reprinted in Ronald Dworkin, Taking Rights Seriously chapter 4 (Harvard University Press, 1977)). This is ...

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 ...