About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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
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.
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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most