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Brian Z. Tamanaha-Cleveland-Marshall College of Law's 2007 Baker & Hostetler-Joseph C. Hostetler Visiting Scholar
Marie Rehmar, Head of Reference Services, marie.rehmar@law.csuohio.edu | October 07, 2007 - 15:37
Prof. Brian Z. Tamanaha, the Chief
Justice Benjamin N. Cardozo Professor of Law at St. John’s University School of
Law, in Queens, New York, lectures on “The Realism of Judges – Past and
Present,” Tuesday, Oct. 9th at 5 p.m. in the Moot Court Room. Judicial decision-making is a basic matter,
worthy of thoughtful consideration by the legal community, including students
of the law. For more details, see the
CSU Announcement.
Prof.Tamanaha is a graduate of the
University of Oregon, Boston University School of Law, and Harvard Law School
(S.J.D.) His legal career has even included work as Legal Counsel for the
Micronesian Constitutional Convention, Summer, 1990.
For more information about his career, teaching,
speaking, and scholarship, please see his Profile
, CV,
and list of Selected
Publications.
For your convenience, click on (More) right below, for links to a selection of his articles, and to two of
his blog entries. Some links
are to title records in the Law Library collection ( if not ‘available,’
consider an OhioLINK loan.)
Books:
- Law as a Means to an End – Threat to the Rule of Law / Cambridge; New York:
Cambridge Univ. Pr., 2006. KF 382 .T36 2006
- On the Rule of Law – History, Politics, Theory / Cambridge; New York:
Cambridge Univ. Pr., 2004. K 3171 .T36 2004
- A General Jurisprudence of Law and Society / New York: Oxford
Univ. Pr.,
2001. K 370
.T358 2001
- Realistic Socio-Legal Theory – Pragmatism and a Social
Theory of Law / Oxford:
Clarendon Pr., 1997. K 237 .T3
1997
- Bibliography on Law and Developing Countries / New York: Kluwer
Law International, 1995. K 38 .T35 1995
Articles (links to HeinOnline unless
otherwise indicated):
- “The
Contemporary Relevance of Legal Positivism,” 32 Australian Journal of
Legal Philosophy 1 (2007)
- “How
an Instrumental Rule of Law Corrodes the Rule of Law,” 56 DePaul Law
Review 469 (2007) (Westlaw: 56 DPLLR 469)
- “A
Socio-Legal Methodology for the Internal/External Distinction:
Jurisprudential Implications,” 75
Fordham Law Review 1255 (2006-2007)
- “The
Tension between Legal Instrumentalism and the Rule of Law,” 33 Syracuse Journal of International Law
and Commerce 131 (2005-2006)
- “The Rule of Law for Everyone?” 55 Current Legal Problems 97 (2002) (Print: K 3 .U737 ) St. John’s Legal
Studies Research Paper. Abstract and article available on the Social Science
Research Network at http://ssrn.com/abstract=312622
- ”A
Non-Essentialist Version of Legal Pluralism,” 27 Journal of Law and Society 296 (2000)
- “The
View of Habermas from Below: Doubts about the Centrality of Law and the
Legitimation Enterprise,” 76 Denver
University Law Review 989 (1998-1999)
- “Pragmatism
in U.S. Legal Theory: Its Application to Normative Jurisprudence,
Sociolegal Studies, and the Fact-Value Distinction,” 41 American Journal
of Jurisprudence 315 (1996)
- “The
Internal/External Distinction and the Notion of a Practice in Legal Theory
and Socio-Legal Studies,” 30 Law and Society Review 163 (1996)
- “An
Analytical Map of Social Scientific Approaches to the Concept of Law,” 15
Oxford Journal of Legal Studies 501 (1995)
- “Review
Article: The Lessons of Law-and-Development Studies,” 89 American Journal
of International Law 470 (1995)
- “Looking
at Micronesia for Insights about the Nature of Law and Legal Thinking,” 41
American Journal of Comparative Law
9 (1993)
- “The
Folly of the Social Scientific Concept of Legal Pluralism,” 20 Journal of Law and Society 192 (1993)
- “A
Proposal for the Development of a System of Indigenous Jurisprudence in
the Federated States of Micronesia,” 13 Hastings International and Comparative
Law Review 71 (1989-1990)
- “The
Role of Custom and Traditional Leaders under the Yap Constitution,” 10
University of Hawaii Law Review 81 (1988)
- “The
Cost of Preserving Rights: Attorneys' Fee Awards and Intervenors in Civil
Rights Litigation,” 19 Harvard Civil Rights-Civil Liberties Law Review 109
(1984)
Two of his blog entries on Balkanization –