The New Legal Realism: Translating Law-and-Society for Today's Legal Practice

doi:10.1017/CBO9781107762336

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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List of contributors
pp vii-xii
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Preface to The New Legal Realism, Volumes I and II
pp xiii-xxii
- By Michael McCann, University of Washington (UW)
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1 - Introduction: New Legal Realism: Law and Social Science in the New Millennium
pp 1-26
- By Elizabeth Mertz, University of Wisconsin
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Section I - THE PLACE OF NEW LEGAL REALISM IN LEGAL THOUGHT AND TEACHING
pp 27-28
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2 - A New Legal Realism: Elegant Models and the Messy Law in Action
pp 29-50
- By Stewart MacAulay, University of Wisconsin
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3 - Putting the “Real World” into Traditional Classroom Teaching
pp 51-73
- By Jane H. Aiken, Georgetown University Law Center, Ann Shalleck, American University
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4 - Some Realism about Realism in Teaching about the Legal Profession
pp 74-94
- By Ann Southworth, University of California, Bryant Garth, University California, Catherine Fisk, University of California
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5 - “Fielding” Legal Realism: Law Students as Participant-Observers?
pp 95-118
- By Riaz Tejani, University of Illinois
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Section II - PHILOSOPHY AND METHODS FOR A NEW LEGAL REALISM
pp 119-120
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6 - Legal R/realism and Jurisprudence: Ten Theses
pp 121-146
- By William Twining, Washington University School of Law
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7 - Legal Realism in Context
pp 147-168
- By Brian Z. Tamanaha, Washington University School of Law
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8 - Legal Storytelling as a Variety of Legal Realism
pp 169-179
- By Robert W. Gordon, University of Washington
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9 - Combining Methods for a New Synthesis in Law and Empirical Research
pp 180-200
- By Elizabeth Mertz, University of Wisconsin Law School, Katherine Barnes, University of Arizona
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Section III - NEW LEGAL REALIST TRANSLATIONS
pp 201-202
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10 - New Legal Realism and Inequality
pp 203-222
- By Thomas W. Mitchell
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11 - The Financial Crisis and Moral Accountability: Translating Practices of Risk, Profit, and Uncertainty
pp 223-243
- By Alex Tham, Princeton University
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12 - The Moment of Possibles: Some New Legal Realism about a “Reality Thriller” Case
pp 244-265
- By Hadi Nicholas Deeb, University of California
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13 - Translating Law across Cultures and Societies: A Conversation with David Bellos and Kim Lane Scheppele
pp 266-288
- By David Bellos, Princeton University, Kim Lane Scheppele, Woodrow Wilson School
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14 - Is There a Lingua Franca for the American Legal Academy?
pp 289-297
- By Mary Anne Case, University of Chicago Law School
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Index
pp 298-303
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The New Legal Realism

Translating Law-and-Society for Today's Legal Practice

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

List of contributors
pp vii-xii

Preface to The New Legal Realism, Volumes I and II
pp xiii-xxii

1 - Introduction: New Legal Realism: Law and Social Science in the New Millennium
pp 1-26

Section I - THE PLACE OF NEW LEGAL REALISM IN LEGAL THOUGHT AND TEACHING
pp 27-28

2 - A New Legal Realism: Elegant Models and the Messy Law in Action
pp 29-50

3 - Putting the “Real World” into Traditional Classroom Teaching
pp 51-73

4 - Some Realism about Realism in Teaching about the Legal Profession
pp 74-94

5 - “Fielding” Legal Realism: Law Students as Participant-Observers?
pp 95-118

Section II - PHILOSOPHY AND METHODS FOR A NEW LEGAL REALISM
pp 119-120

6 - Legal R/realism and Jurisprudence: Ten Theses
pp 121-146

7 - Legal Realism in Context
pp 147-168

8 - Legal Storytelling as a Variety of Legal Realism
pp 169-179

9 - Combining Methods for a New Synthesis in Law and Empirical Research
pp 180-200

Section III - NEW LEGAL REALIST TRANSLATIONS
pp 201-202

10 - New Legal Realism and Inequality
pp 203-222

11 - The Financial Crisis and Moral Accountability: Translating Practices of Risk, Profit, and Uncertainty
pp 223-243

12 - The Moment of Possibles: Some New Legal Realism about a “Reality Thriller” Case
pp 244-265

13 - Translating Law across Cultures and Societies: A Conversation with David Bellos and Kim Lane Scheppele
pp 266-288

14 - Is There a Lingua Franca for the American Legal Academy?
pp 289-297

Index
pp 298-303

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The New Legal Realism

Translating Law-and-Society for Today's Legal Practice

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