43 Ga. L. Rev. [i] (2008-2009)

handle is hein.journals/geolr43 and id is 1 raw text is: GEORGIA LAW REVIEW
VOLUME 43                    FALL 2008                   NUMBER 1
ESSAY
The Concept and the Rule of Law .............. Jeremy Waldron   1
This Essay explores and connects two issues: (1) the
relation between the Rule of Law (or legality) and the work
we do in general jurisprudence on the concept of law; and
(2) the distinction between conceptions of the Rule of Law
that emphasize certainty, rules, and predictability and
conceptions of the Rule of Law that also emphasize
procedure and argument, even when legal argumentation
detracts from the certainty emphasized the first set of
conceptions. First, the Essay argues in favor of a more
demanding understanding of what law it (informed by the
ideal of the Rule of Law); in other words, it argues against
versions of casual positivism that take almost any
instance of centralized command and control as a legal
system. Second, it argues in favor of a procedural and
argumentative conception of the Rule of Law. It connects
the two arguments by observing that casual positivism is
commonly associated with an impoverished rule-oriented
understanding of the Rule of Law. Finally, following the
work of Ronald Dworkin and Neil MacCormick, it suggests
that a jurisprudence that emphasizes the role of legal
argumentation and the institutions that sponsor it, will
inevitably bring our conceptions of law and our conceptions
of legality very close together.
ARTICLES
Securities Class Actions as
Pragmatic Ex Post Regulation ...... Elizabeth Chamblee Burch 63
Securities class actions are on the chopping block--again.
Traditional commentators continue to view class actions
with suspicion; they see class suits as nonmeritorious
byproducts of self-interest and the attorneys who bring them
as rent-seekers. This approach has popularized securities
class actions' negative effects. High-profile commissions
capitalizing on this rhetoric, such as the Committee on
Capital Markets Regulation, have recently recommended

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