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| Preface | |
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| Introduction: Is There Legal Reasoning? | |
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| Rules-in Laws and Elsewhere | |
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| Of Rules in General | |
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| The Core and the Fringe | |
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| The Generality of Rules | |
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| The Formality of Law | |
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| The Practice and Problems of Precedent | |
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| Precedent in Two Directions | |
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| Precedent-The Basic Concept | |
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| A Strange Idea | |
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| On Identifying a Precedent | |
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| Of Holdings and Dicta | |
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| On the Force of Precedent-Overruling, Distinguishing, and Other Types of Avoidance | |
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| Authority and Authorities | |
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| The Idea of Authority | |
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| On Binding and So-Called Persuasive Authority | |
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| Why Real Authority Need Not Be "Binding" | |
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| Can There Be Prohibited Authorities? | |
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| How Do Authorities Become Authoritative? | |
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| The Use and Abuse of Analogies | |
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| On Distinguishing Precedent from Analogy | |
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| On the Determination of Similarity | |
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| The Skeptical Challenge | |
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| Analogy and the Speed of Legal Change | |
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| The Idea of the Common Law | |
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| Some History and a Comparison | |
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| On the Nature of the Common Law | |
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| How Does the Common Law Change? | |
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| Is the Common Law Law? | |
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| A Short Tour of the Realm of Equity | |
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| The Challenge of Legal Realism | |
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| Do Rules and Precedents Decide Cases? | |
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| Does Doctrine Constrain Even If It Does Not Direct? | |
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| An Empirical Claims | |
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| Realism and the Role of the Lawyer | |
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| Critical Legal Studies and Realism in Modern Dress | |
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| The Interpretation of Statutes | |
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| Statutory Interpretation in the Regulatory State | |
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| The Role of the Text | |
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| When the Text Provides No Answer | |
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| When the Text Provides a Bad Answer | |
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| The Canons of Statutory Construction | |
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| The Judicial Opinion | |
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| The Causes and Consequences of Judicial Opinions | |
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| Giving Reasons | |
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| Holding and Dicta Revisited | |
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| The Declining Frequency of Opinions | |
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| Making Law with Rules and Standards | |
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| The Basic Distriction | |
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| Rules, Standards, and the Question of Discretion | |
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| Stability and Flexibility | |
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| Rules and Standards in Judicial Opinions | |
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| On the Relation between Breadth and Vagueness | |
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| Law and Fact | |
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| On the Idea of a Fact | |
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| Determining Facts at Trial-The Law of Evidence and Its Critics | |
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| Facts and the Appellate Process | |
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| The Burden of Proof and Its Cousins | |
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| The Burden of Proof | |
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| Presumptions | |
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| Deference and the Allocation of Decision-Making Responsibility | |
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| Index | |