Robert W Gordon
Biographic Data
| ID | 3624992 |
|---|---|
| NAME | Robert W Gordon |
| GIVEN NAMES | Robert W |
| FAMILY NAME | Gordon |
| SIGNATURE | GORDON R W |
| AFFILIATIONS | Yale University |
| VERIFIED | No |
| TOTAL WORKS | 18 |
| TOTAL CITATIONS | 193 |
| AUTHOR COUNT | 18 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1932 |
| LATEST PUBLICATION YEAR | 2019 |
| H-INDEX | 5 |
Lawyers, the Legal Profession & Access to Justice in the United States
Ideally, justice is a universal good: the law protects equally the rights of the rich and powerful, the poor and marginal. In reality, the major share of legal services goes to business entities and wealthy people and the prestige and prosperity to the lawyers who serve them. This essay deals with the history of access to justice–chiefly civil justice–and with the role of lawyers and organized legal professions in promoting and restricting that a…
Critical Legal Studies
Critical Legal Histories Revisited”
The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine…
The Role of Lawyers in Producing the Rule of Law
INTRODUCTION For the last 15 years, American and European governments, lending institutions led by the World Bank, and NGOs like the American Bar Association have been funding projects to promote the “Rule of Law” in developing countries, former Communist and military dictatorships, and China. The Rule of Law is of course a very capacious concept, which means many different things to its different promoters. Anyone who sets out to investigate its…
Portrait of a Profession in Paralysis
Reading Deborah Rhode's book on the legal profession is a profoundly depressing experience. This is precisely because of the book's understatement
Hurst Recaptured
Anyone who lived and worked within range of Willard Hurst's benign, if also rather insistent, influence is necessarily somewhat disabled from detached assessment of his legacy. We owe him too much. Not just for the continuous rapid fire of comment, criticism, recommendation, and encouragement that rattled off the famous ancient typewriter; but also for his intellectual and moral example. He set himself long-range projects and finished them; he su…
"The Radical Conservatism of "The Practice of Justice
The Practice of Justice is a fundamental but in some ways also remarkably conservative-in the best sense of the word--critique of the prevailing system of lawyers' ethics and practices. It is fundamental, in the sense that William Simon razes to the ground the current structure of ethical rules and their presuppositions. It is conservative, in that he then shows how a system of lawyers' ethics can be rebuilt on its existing foundations, using exi…
A Collective Failure of Nerve
William Simon's searching analysis of the Kaye Scholer affair and especially of the legal profession's response to the Office of Thrift Supervision's (OTS's) proceedings against Kaye Scholer, throws a brilliant light on how business lawyers deal, and how respectable elites of the bar think they should deal, with clients who are engaged in ventures of doubtful legality and anxious to conceal them from official monitors and affected outside parties…
A Collective Failure of Nerve
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Rhetoric and irony in Pasolini's late poetry
The Legacy of Oliver Wendell Holmes, Jr
Journal Article The Legacy of Oliver Wendell Holmes, Jr. Ed. by Robert W. Gordon. (Stanford: Stanford University Press, 1992. xii, 323 pp. $42.50, ISBN 0-8047-1989-6.) Get access Andrew Feffer Andrew Feffer Union College, Schenectady, New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 80, Issue 4, March 1994, Pages 1485–1486, https://doi.org/10.2307/2080678 Published: 01 March 199…
The Legacy of Oliver Wendell Holmes, Jr
Journal Article The Legacy of Oliver Wendell Holmes, Jr Get access Gordon Robert W., ed., The Legacy of Oliver Wendell Holmes, Jr. Stanford University Press, 1992. x, 324 pp. $42.50. Michael H. Hoffheimer Michael H. Hoffheimer University of Mississippi, Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 37, Issue 4, October 1993, Pages 512–513, https://doi.org/10.2307/8458…
The White Man's Burden
In accounting for the recent popularity of 'indigenous law' studies in South Africa, this paper traces out the connections between establishment anthropology, the legal basis of the South African state and the application of native law. It details the structure, philosophical origins and scholarly justification for its practice and argues that in the exercise of Apartheid 'customary law' can best be seen as an instrument in the practice of what G…
Critical Legal Histories
Critical legal writers pay a lot of attention to history.In fact, they have probably devoted more pages to historical descriptionparticularly the intellectual history of legal doctrine-than to anything else, even law and economics.Such a preoccupation within a radical movement is at first glance surprising.After all, lawyers have, by notorious custom, used history conservatively, appealing to continuity and tradition. 1And in the less common situ…
Tort Law in America
legal rules to a rubble of disconnected particulars, set in motion a yearning for intellectual equilibrium and repose.This mood persisted through the 1940's and 195o's and was very creative in a practical way, producing out of its confidence in "objectivity and rationality" (p.189) Prosser on Torts, 3 Judge Traynor's opinions on strict products liability, 4 and the second Restatement. 5 This "Consensus Thought," however, had never really responde…
The Promise of Power
Introduction
In 1963 the Italian historiographer Arnaldo Momigliano told an assembly of legal historians that they were gathered to celebrate "a historical event of some importance, the end of history of law as an autonomous branch of historical research." At least in the historiography of ancient law, he said, "the elimination of history of law as independent history now seems to me to be settled
The Carolina Low Country
Critical Legal Histories
Critical legal writers pay a lot of attention to history.In fact, they have probably devoted more pages to historical descriptionparticularly the intellectual history of legal doctrine-than to anything else, even law and economics.Such a preoccupation within a radical movement is at first glance surprising.After all, lawyers have, by notorious custom, used history conservatively, appealing to continuity and tradition. 1And in the less common situ…
Introduction
In 1963 the Italian historiographer Arnaldo Momigliano told an assembly of legal historians that they were gathered to celebrate "a historical event of some importance, the end of history of law as an autonomous branch of historical research." At least in the historiography of ancient law, he said, "the elimination of history of law as independent history now seems to me to be settled
The White Man's Burden
In accounting for the recent popularity of 'indigenous law' studies in South Africa, this paper traces out the connections between establishment anthropology, the legal basis of the South African state and the application of native law. It details the structure, philosophical origins and scholarly justification for its practice and argues that in the exercise of Apartheid 'customary law' can best be seen as an instrument in the practice of what G…
Critical Legal Histories Revisited”
The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine…
Tort Law in America
legal rules to a rubble of disconnected particulars, set in motion a yearning for intellectual equilibrium and repose.This mood persisted through the 1940's and 195o's and was very creative in a practical way, producing out of its confidence in "objectivity and rationality" (p.189) Prosser on Torts, 3 Judge Traynor's opinions on strict products liability, 4 and the second Restatement. 5 This "Consensus Thought," however, had never really responde…
The Role of Lawyers in Producing the Rule of Law
INTRODUCTION For the last 15 years, American and European governments, lending institutions led by the World Bank, and NGOs like the American Bar Association have been funding projects to promote the “Rule of Law” in developing countries, former Communist and military dictatorships, and China. The Rule of Law is of course a very capacious concept, which means many different things to its different promoters. Anyone who sets out to investigate its…
The Carolina Low Country
Introduction
In 1963 the Italian historiographer Arnaldo Momigliano told an assembly of legal historians that they were gathered to celebrate "a historical event of some importance, the end of history of law as an autonomous branch of historical research." At least in the historiography of ancient law, he said, "the elimination of history of law as independent history now seems to me to be settled
The Promise of Power
Tort Law in America
legal rules to a rubble of disconnected particulars, set in motion a yearning for intellectual equilibrium and repose.This mood persisted through the 1940's and 195o's and was very creative in a practical way, producing out of its confidence in "objectivity and rationality" (p.189) Prosser on Torts, 3 Judge Traynor's opinions on strict products liability, 4 and the second Restatement. 5 This "Consensus Thought," however, had never really responde…
Critical Legal Histories
Critical legal writers pay a lot of attention to history.In fact, they have probably devoted more pages to historical descriptionparticularly the intellectual history of legal doctrine-than to anything else, even law and economics.Such a preoccupation within a radical movement is at first glance surprising.After all, lawyers have, by notorious custom, used history conservatively, appealing to continuity and tradition. 1And in the less common situ…
The White Man's Burden
In accounting for the recent popularity of 'indigenous law' studies in South Africa, this paper traces out the connections between establishment anthropology, the legal basis of the South African state and the application of native law. It details the structure, philosophical origins and scholarly justification for its practice and argues that in the exercise of Apartheid 'customary law' can best be seen as an instrument in the practice of what G…
The Legacy of Oliver Wendell Holmes, Jr
Journal Article The Legacy of Oliver Wendell Holmes, Jr Get access Gordon Robert W., ed., The Legacy of Oliver Wendell Holmes, Jr. Stanford University Press, 1992. x, 324 pp. $42.50. Michael H. Hoffheimer Michael H. Hoffheimer University of Mississippi, Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 37, Issue 4, October 1993, Pages 512–513, https://doi.org/10.2307/8458…
The Legacy of Oliver Wendell Holmes, Jr
Journal Article The Legacy of Oliver Wendell Holmes, Jr. Ed. by Robert W. Gordon. (Stanford: Stanford University Press, 1992. xii, 323 pp. $42.50, ISBN 0-8047-1989-6.) Get access Andrew Feffer Andrew Feffer Union College, Schenectady, New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 80, Issue 4, March 1994, Pages 1485–1486, https://doi.org/10.2307/2080678 Published: 01 March 199…
Rhetoric and irony in Pasolini's late poetry
A Collective Failure of Nerve
William Simon's searching analysis of the Kaye Scholer affair and especially of the legal profession's response to the Office of Thrift Supervision's (OTS's) proceedings against Kaye Scholer, throws a brilliant light on how business lawyers deal, and how respectable elites of the bar think they should deal, with clients who are engaged in ventures of doubtful legality and anxious to conceal them from official monitors and affected outside parties…
A Collective Failure of Nerve
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
"The Radical Conservatism of "The Practice of Justice
The Practice of Justice is a fundamental but in some ways also remarkably conservative-in the best sense of the word--critique of the prevailing system of lawyers' ethics and practices. It is fundamental, in the sense that William Simon razes to the ground the current structure of ethical rules and their presuppositions. It is conservative, in that he then shows how a system of lawyers' ethics can be rebuilt on its existing foundations, using exi…
Hurst Recaptured
Anyone who lived and worked within range of Willard Hurst's benign, if also rather insistent, influence is necessarily somewhat disabled from detached assessment of his legacy. We owe him too much. Not just for the continuous rapid fire of comment, criticism, recommendation, and encouragement that rattled off the famous ancient typewriter; but also for his intellectual and moral example. He set himself long-range projects and finished them; he su…
Portrait of a Profession in Paralysis
Reading Deborah Rhode's book on the legal profession is a profoundly depressing experience. This is precisely because of the book's understatement
The Role of Lawyers in Producing the Rule of Law
INTRODUCTION For the last 15 years, American and European governments, lending institutions led by the World Bank, and NGOs like the American Bar Association have been funding projects to promote the “Rule of Law” in developing countries, former Communist and military dictatorships, and China. The Rule of Law is of course a very capacious concept, which means many different things to its different promoters. Anyone who sets out to investigate its…
Critical Legal Histories Revisited”
The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine…
Critical Legal Studies
Lawyers, the Legal Profession & Access to Justice in the United States
Ideally, justice is a universal good: the law protects equally the rights of the rich and powerful, the poor and marginal. In reality, the major share of legal services goes to business entities and wealthy people and the prestige and prosperity to the lawyers who serve them. This essay deals with the history of access to justice–chiefly civil justice–and with the role of lawyers and organized legal professions in promoting and restricting that a…
Political science (10 works) · Law (8 works) · Law (7 works) · History (6 works) · Law in Society and Culture (6 works) · History (5 works) · Legal Education and Practice Innovations (4 works) · Sociology (4 works) · Judicial and Constitutional Studies (3 works) · Medicine (3 works)