Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Article, Volume 107, April 2019, Stephen E. Sachs California Law Review Article, Volume 107, April 2019, Stephen E. Sachs California Law Review

Finding Law

That the judge’s task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed—as a “fallacy,” an “illusion,” a “brooding omnipresence in the sky.” That dismissive view is wrong. Expecting judges to…

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