According to conventional wisdom in American legal culture, the 1870s to 1920s was the
age of legal formalism, when judges believed that the law was autonomous and logically …

The contemporary US legal culture is marked by ubiquitous battles among various groups
attempting to seize control of the law and wield it against others in pursuit of their particular …

Though lawyers draft most written contracts, legal scholars rarely study contracts
themselves, and focus instead on the legal rules governing contracts. Despite this neglect …

The legal tradition in the United States combines two core ideas. The first idea, known
broadly as the rule of law, is that government officials and citizens are obligated to abide by …

In the latter half of the twentieth century, America witnessed the construction of a" wall of
separation" between religion and the public square. What had once been commonplace …

Criticism of the American Law Institute'and the Restatement movement is a common
phenomenon and comes from two sides. The critique from one side is that the Restatements …

Contract law is such a fixed part of our legal practice that it may seem odd to suggest that it
requires a defense, except perhaps among utopians or anarchists. 1 To be sure, one might …

Formalism has a bad name. It is often seen as a naive and unsophisticated approach to the
adjudication of legal disputes. This negative view offormalism is widespread in American …

Although no one seriously questions that the state should enforce contracts, there is much
less agreement about why it should. There is even less agreement about why states in the …

JOURNAL OF LAW & LIBERTY Page 1 NEW YORK UNIVERSITY JOURNAL OF LAW &
LIBERTY BETWEEN FORMALISM AND CONSERVATISM: THE RESURGENT LEGAL …