Against Women’s Sports

This Article challenges the longstanding assumption that sports should be segregated by sex. Imposing sex segregation on sports is problematic for many reasons. Sex segregation reflects and reinforces a binary view of both sex and gender unsupported by science. It communicates that women are physically unable to compete against men, even though research indicates considerableContinue reading “Against Women’s Sports”

Congress in the Administrative State

In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars too often have overlooked it, and Congress is sub-optimally designed for its provision, but oversight has a significant impact on agency behavior. This Article provides a corrective. It presents the legalContinue reading “Congress in the Administrative State”

Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society

Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological influences. Law must be understood naturalistically, historically, and holistically. In my usage, naturalism views humans as social animals with natural traits and requirements, historicism presents law as historical manifestations that changeContinue reading “Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society”

Phenomenology, Colonialism, and the Administrative State

In A Realistic Theory of Law, Brian Tamanaha rejects the claim that universal legal principles exist, and its variant that essential features of law applicable to all societies can be identified. He argues that we should define law in accordance with our society’s ordinary usage of the term and analyze law in other societies onContinue reading “Phenomenology, Colonialism, and the Administrative State”

The Data of Jurisprudence

In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it, partly because it tends to be narcissistic, but more because it can encourage an unwelcome form of intellectual-boundary policing. Despite these reservations, I will offer in this essay some reflections onContinue reading “The Data of Jurisprudence”

The Pragmatist Tradition: Lessons for Legal Theorists

As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition in philosophy, its history, its character, and its content; and to suggest some of the ways in which the intellectual resources of that tradition can enhance our understanding of the law.Continue reading “The Pragmatist Tradition: Lessons for Legal Theorists”

A New Historical Jurisprudence?

In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up analytical jurisprudence for years to come. In the course of a relatively short and highly accessible work, Tamanaha challenges conceptual theories of law and conventional understandings of international law, clarifies importantContinue reading “A New Historical Jurisprudence?”