Private Law Theory

Daniel J Hemel and Lisa Larrimore Ouellette, Beyond the Patents-Prizes Debate, 92 Texas Law Review 303 (2013). In the 19th century, legal scholarship focused on legal doctrine. In the 20th century, legal scholars began to examine the policy effects of legal doctrine, paying particular attention to how changes in doctrine could yield better policies. Now, such policy-oriented approaches are cemented into nearly every US law review article. Although this shift has in my view generally been beneficial, it still suffers from a doctrinal myopia: legal scholars usually write about only the swaths of law they know well, often overlooking other strands of law that are quite pertinent to the policy issues being addressed …” (more)

[Ted Sichelman, JOTWELL, 20 July]

First posted 2015-07-21 14:36:54