During my law school years, one of the courses I took was jurisprudence. Unlike most other classes, which taught the “nuts and bolts” of the legal system, jurisprudence was more philosophical, ...

In the previous installment in this two-part series, I surveyed how the theory of “legal realism” came to displace the traditional views of law shared by Anglo-American attorneys and judges. I ...

Legal realism is nothing new. Its roots go back as far as Aristotle, and great legal minds such as Oliver Wendell Holmes and Jerome Frank have espoused some form of judicial realism. The movement ...

Forbes contributors publish independent expert analyses and insights. Lars Daniel covers digital evidence and forensics in life and law. A new study from University of Chicago Law School researchers ...

Loading the Elevenlabs Text to Speech AudioNative Player... Is the American criminal justice system rigged on behalf of defendants, even the guilty—and if so, why? And what is to be done? Yes, there’s ...

What's in a Trade Name? The divorce of legal reasoning from questions of social fact and ethical value is no a product of crusty legal fictions inherited from darker ages. Even in the most modern ...

In November 1955, Earl Warren, longtime governor of California and new Chief Justice of the U.S., was remarkably candid in specifying his hopes for the direction of U.S. justice over the next ...

In the canon of Legal Realism, there are two classic treatments of the subject of intellectual property. The first is Felix Cohen's brief but fierce attack, in the midst of his most famous article, on ...

When Israel engaged with Somaliland, the African Union responded with predictable condemnation, invoking the principle of “border intangibility” as if a reckless secession were underway. The truth is ...