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Chapter One. Natural Law Introduction A. Early Natural Law Philosophers Plato Crito; Or, the Duty of a Citizen Notes B. Contemporary Natural Law Theorists John Rawls A Theory of Justice Notes John Finnis Natural Law and Natural Rights Notes Michael Moore Moral Reality Notes Natural Law, Natural Rights, and the Constitution Values Problem C. The Obligation to Obey, The Problem of Evil, and Civil Disobedience Henry D. Thoreau On the Duty of Civil Disobedience Notes Martin Luther King, Jr. Letter from Birmingham Jail Notes Notes on Civil Disobedience Civil Disobedience Problem Crimes of Obedience United States v. William L. Calley, Jr. Notes D. Contemporary Debates Philosophers' Brief, Washington v. Glucksberg Washington v. Glucksberg . Notes Chapter Two. Positivism Introduction A. Classical or Analytical Positivism: The Sources of Law John Austin The Province of Jurisprudence Determined Notes B. The Separation of Law and Morality H.L.A. Hart Positivism and the Separation of Law and Morals B. The Separation of Law and Morality-Continued Lon L. Fuller Positivism and Fidelity to Law-A Reply to Professor Hart - Notes C. Formalism, Adjudication, and Legal Reasoning Ronald Dworkin The Model of Rules Notes Ronald Dworkin Law's Empire Notes ....... Joseph Raz The Authority of Law: Essays on Law and Morality Notes D. Modern Positivism: Inquiries Into Rules and Power Robin West Three Positiuisms Notes PGA Tour, Inc. v. Martin Notes Chapter Three. Legal Realism Introduction 1. Formalism and Realism 2. A Brief Intellectual History 3. Preview A. A Sociological Jurisprudence Thomas C. Grey Modern American Legal Thought Notes Oliver Wendell Holmes, Jr. The Path of the Law Notes Roscoe Pound The Scope and Purpose of Sociological Jurisprudence .... Notes B. The Realists Karl N. Llewellyn A Realistic Jurisprudence-The Next Step Notes Roscoe Pound The Call for a Realist Jurisprudence Note Karl N. Llewellyn Some Realism About RealismResponding to Dean Pound Notes Jerome Frank Are Judges Human ? Notes Lon L. Fuller American Legal Realism . Notes Felix S. Cohen Transcendental Nonsense and the Functional Approach Notes Morris R. Cohen On Absolutism in Legal Thought Notes C. Historiography and Legacy Grant Gilmore Legal Realism: Its Cause and Cure Notes G. Edward White From Sociological Jurisprudence to Realism: Juris prudence and Social Change in Early TwentiethCentury America Notes William Twining Talk About Realism Note Brian Leiter Rethinking Legal Realism: Toward a Naturalized Juris prudence Notes B. ApplicationsContinued Notes Kenneth G. DauSchmidt A Bargaining Analysis of American Labor Law and the Search for Bargaining Equity and Industrial Peace Notes Richard Posner The Constitution as an Economic Document Notes Mark Kelman Could Lawyers Stop Recessions? Speculations on Law and Macroeconomics Notes C The Future of Law and Economics Bruce A Ackerman Law, Economics, and the Problem of Legal Culture Notes Jason Scott Johnston Law, Economics, and PostRealist Explanation Notes Martha C Nussbaum Flawed Foundations: The Philosophical Critique of (A Particular Type of) Economics Notes Robin Paul Malloy Toward a New Discourse of Law and Economics Notes Chapter Five Critical Legal Studies Introduction A Exposing Hierarchy Mark G Kelman Trashing Notes Duncan Kennedy Legal Education and the Reproduction of Hierarchy Notes B Rights Talk: Indeterminacy and Alienation Peter Gabel The Phenomenology of Rights Consciousness and the Pact of the Withdrawn Selves Notes Patricia J Williams Alchemical Notes: Reconstructing Ideals From Deconstructed Rights Notes Richard Delgado The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Need? Notes Alan Freeman & Elizabeth Mensch The PublicPrivate Distinction in American Law and Life Notes C The CLS Social Vision Joseph William Singer The Player and the Cards: Nihilism and Legal Theory Notes Owen M Fiss The Death of the Law? Notes J M Balkin Tradition, Betrayal, and the Politics of Deconstruction Notes D The Fate of a Movement: Where Has CLS Gone? Note Mark V Tushnet Critical Legal Studies: A Political History Notes Chapter Six Law and Literature Introduction A Law and Jane B Baron Law, Literature, and the Problems of Interdisciplinarity Notes B Law in Literature Richard H Weisberg The Quest for Silence: Faulkner's Lawyer in a Comparative Setting Notes C Law and Interpretation (Law as Literature) James Boyd White Law as Language: Reading Law and Reading Literature Notes Owen M Fiss Objectivity and Interpretation Notes Stanley Fish Fish v Fiss Notes Sanford Levinson Law as Literature Notes D Storytelling: ReImagining Law Through Literature Richard Delgado Storytelling for Oppositionists and Others: A Plea for Narrative Notes Daniel A Farber & Suzanna Sherry Telling Stories Out of School: An Essay on Legal Narratives Notes Brief Amici Curiae on Behalf of the National Abortion Rights Action League, et al , in Thornburgh v American College of Obstetricians and Gynecologists, et al Notes Anthony V Alfieri Reconstructive Poverty Law Practice: Learning Les sons of Client Narrative Notes Chapter Seven Feminist Legal Theories Introduction A Feminism and Equality Christine A Littleton Reconstructing Sexual Equality Notes Wendy W Williams Equality's Riddle: Pregnancy and the Equal Treat ment/Special Treatment Debate Notes Robin West Jurisprudence and Gender Notes Promises and Problems of Biological Explanations: An Evolutionary View of Rape Catharine A MacKinnon Toward a Feminist Theory of the State Notes B Feminism and AntiEssentialism Angela P Harris Race and Essentialism in Feminist Legal Theory Notes C Pragmatic and Postmodern Feminism Margaret Jane Radin The Pragmatist and the Feminist Notes Catharine A MacKinnon Points Against Postmodernism Notes D Feminist Methodologies and Feminist Practice Katharine T Bartlett Feminist Legal Methods D Feminist Methodologies and Feminist PracticeContinued Notes Joan Williams Unbending Gender: Why Family and Work Conflict and What to Do About It Notes SingleSex Schools Problem Chapter Eight Critical Race Theory Introduction A Critical Race Theory and Theory: Challenging the Dominant Conceptions of the Real and Realizable Derrick Bell Foreword: The Civil Rights Chronicles Notes Charles R Lawrence III The Id, the Ego and Equal Protection: Reckon ing With Unconscious Racism Notes Kimberle Williams Crenshaw Race, Reform, and Retrenchment: Trans formation and Legitimation in Antidiscrimination Law Notes Patricia J Williams The Obliging Shell: An Informal Essay on Formal Equal Opportunity Notes Robert A Williams, Jr The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing the White Man's Indian Jurisprudence Notes B Critical Race Theory and Critique: Challenges in Another Voice Richard Delgado Critical Legal Studies and the Realities of Race: Does the Fundamental Contradiction Have a Corollary? Notes Charles R Lawrence III If He Hollers, Let Him Go: Regulating Racist Speech on Campus Notes C Race and America Today: Resisting the Real, ReThinking the Realizable Paul Butler Racially Based Jury Nullification: Black Power in the Criminal Justice System Notes Derrick Bell Racial Realism Notes D Recent Developments 1 Critical White Studies Notes Stephanie M Wildman, with Adrienne D Davis Making Systems of Privilege Visible with Notes Other Forms of Privilege Devon Carbado Straight Out of the Closet: Men, Feminism, and Male Heterosexual Privilege with Notes 2 Latino/A Critical ("Latcrit") Studies, Critical Asian Scholar ship, and the Black/White Binary of Race Richard Delgado Derrick Bell's ToolkitFit to Dismantle That Famous House? Notes D Recent Developments--Continued Notes Chapter Nine Gay Legal Rights and Narratives Introduction Notes Bowers v Hardwick Notes Kendall Thomas Beyond the Privacy Principle Notes Romer v Evans Notes Gaylegal Narrative or "QueerCrit" Kenji Yoshino Assimilationist Bias in Equal Protection: The Visibility Presumption and the Case of "Don't Ask, Don't Tell" Note William N Eskridge, Jr Gaylegal Narratives Notes Intersections of Homosexuality with Race and Sex SameSex Marriage and Civil Unions Don't Ask, Don't Tell: The Military Response to Homosexuality Notes Western Perceptions of Asian Sexuality Notes Special Rights and the Right of "Straight" Association Boy Scouts of America v Dale Notes Chapter Ten Postmodern Legal Theory: Pragmatism and Poststructuralism Introduction A Postmodernism and Objectivity: The Challenge to Formal Method Peter C Schanck Understanding Postmodern Thought and Its Implica tions for Statutory Interpretation Notes Thomas C Grey Holmes and Legal Pragmatism Notes Margaret Jane Radin Reconsidering the Rule of Law Notes Richard A Posner The Jurisprudence of Skepticism Notes Dennis M Patterson Law's Pragmatism: Law as Practice and Narra tive Notes Stanley Fish Liberalism Doesn't Exist Notes Joan C Williams Culture and Certainty: Legal History and the Recon structive Project Notes Allan C Hutchinson Identity Crisis: The Politics of Interpretation Notes Martha Minow & Elizabeth Spelman In Context Notes B Postmodernism and Subjectivity: The Challenge to the Self Frank I Michelman Super Liberal: Romance, Community, and Tradi tion In William J Brennan, Jr 's Constitutional Thought Notes Daniel A Farber & Philip P Frickey In the Shadow of the Legislature: The Common Law in the Age of the New Public Law Notes Edward L Rubin The New Legal Process, The Synthesis of Discourse, and the Microanalysis of Institutions Notes Pierre Schlag The Problem of the Subject Notes Guyora Binder What's Left? Notes Allan C Hutchinson Identity Crisis: The Politics of Interpretation Notes Austin Sarat & Jonathan Simon Beyond Legal Realism: Cultural Analysis, Cultural Studies, and the Situation of Legal Scholarship Notes C Postmodernism and Normativity: The Challenge to Moral Per suasion Steven D Smith The Pursuit of Pragmatism Notes Richard Rorty What Can You Expect From AntiFoundationalist Phi losophers?: A Reply to Lynn Baker Notes Joan C Williams Rorty, Radicalism, Romanticism: The Politics of the Gaze Notes Pierre Schlag Normativity and the Politics of Form Notes Stanley Fish Condemnation Without Absolutes Notes Chapter Eleven Lawyering and Jurisprudence Introduction A Conceptualizing and Understanding the Role of Law and the Lawyer J M Balkin Understanding Legal Understanding: The Legal Subject and the Problem of Legal Coherence Notes Richard Delgado Norms and Normal Science: Toward a Critique of Normativity in Legal Thought Notes B Law as an Instrument of Social ChangeOr of Repression Robert M Cover Violence and the Word Note Charles R Lawrence III The Word and the River: Pedagogy as Scholar ship as Struggle Notes Martha Minow Breaking the Law: Lawyers and Clients in Struggles for Social Change Notes Richard Delgado & Jean Stefancic Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills? Notes B Law as an Instrument of Social ChangeOr of Repression Continued James M Doyle "It's the Third World Down There!": The Colonialist Vocation and American Criminal Justice Notes Anthony V Alfieri Race Prosecutors, Race Defenders Notes C Advocating on Behalf of New Rights, Legal Theories, or ClientsThe Case of Animal Rights 1 Novel Client, Novel Theory: Lessons From Legal History Gary L Francione Animals as Property Notes 2 Final ExerciseA Chimp, A Benefactor, and A Law Clerk's Memo