This essay reexamines realist jurisprudence through a review of two biographies of leading realists: Dalia Tsuk Mitchell'sArchitect of Justice: Felix Cohen and the Founding of American Legal Pluralism (2007), and Spencer Waller'sThurman Arnold: A Biography (2005). The essay argues that when biographies of legal realists are considered alongside their academic writing, a more robust jurisprudence emerges. Realist lives crystallize the intuition that the major innovation of legal realism was not, as generally assumed, its attitude toward judges and adjudication. Instead, realist jurisprudence is an institutionalist view of law with a focus on groups rather than individuals. Realist jurisprudence understands courts, legislatures, administrative agencies, and nongovernmental groups as important loci of law, lawmaking, and legal reasoning.

Individual choice is a central feature of the psychological portrait drawn by nearly every established school of thought in modern American jurisprudence. Legal scholars are increasingly interested in piercing the conceptual surface of choice to inquire into its actual psychological workings. The study of choice in this emerging behavioral legal scholarship draws primarily from cognitive psychology. This article argues that this important inquiry into choice should be broadened to include modern psychoanalytic ideas about imagination. An example of the importance of a psychoanalytic perspective on imagination is provided by the law governing the enforceability of prenuptial agreements. As this discussion illustrates, psychoanalytic psychology, in conjunction with research from the cognitive sciences, provides a valuable framework for examining assumptions about individual choice in law.

We examine whether the level of deference shown by the Israeli Supreme Court to military decisions has changed over time by empirically analyzing the entire body of Supreme Court decisions in petitions against the military commander between 1990 and 2005. Setting forth a number of different factors that might generally affect the degree of deference to state agencies, we hypothesized that there would be a decrease in deference in the relationship between the Court and the military commander during the examined period. Our findings show that deference to the military commander has indeed diminished significantly. We argue that this is best explained by the continuation of the armed conflict (and its aftermath, namely, the routinization and increase in the number of petitions by the civilian population) and also—to some extent—by the rise of a substantive rule‐of‐law legal consciousness, central to which is the importance of human rights.

Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large‐scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers' collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the workplace, marketplace, and “streetplace” orders of liberal capitalism. It discusses how those challenges were met through political and legal processes of resistance and accommodation, taking into account the fragmentation of state power, hostile public opinion toward the street railways, and conflicting views over the legitimate scope for workers' collective action.

This essay reviews three books as they document and explain the 1990s crime decline: Alfred Blumstein and Joel Wallman, eds., (2006) The Crime Drop in America; Arthur S. Goldberger and Richard Rosenfeld, eds., (2008) Understanding Crime Patterns: Workshop Report; and Franklin E. Zimring (2007), The Great American Crime Decline.

It presents the empirical detail of the crime decline and examines the most commonly cited explanatory factors: imprisonment, policing, demography, and economic growth. It then suggests alternative lines of research in urban sociology—urban development, youth culture, and immigration—that may better explain the decline as the result of changes in the cultural and social fabric of American society, particularly in cities where the steepest declines occurred.

This essay argues that the treatment of boilerplate as a distinct phenomenon in some contract scholarship sheds light on the way we imagine our social relations. In Omri Ben‐Shahar's 2007 compilation, Boilerplate: The Foundation of Market Contracts, aspects of the traditional meeting‐of‐the‐minds model persist, notwithstanding the move away from this framework indicated by the differentiation of boilerplate from traditional contract. Much boilerplate scholarship is informed by a narrative of agreement as an ideal involving agency, autonomy, and meaningful choice. Thus, in an age in which form language pervades American life, a narrative of genuine agreement continues to frame a conception of contractual relations.

Noah Feldman's 2008 book, The Fall and Rise of the Islamic State, provides a sweeping review of the constitutional history of the Islamic polity that connects the past to developments in the Middle East today. The Ottoman Empire is vital to his argument. This essay critically evaluates Feldman's treatment of the Ottoman period, within the larger context of Islamic history, and in so doing considers the understudied constitutional history of the empire. Without denying the importance of the ulema and the shari'a, it argues that the empire was a hybrid of many different traditions and the centrality of Islamic law should not be overstated.

By analyzing wills submitted for execution to Israeli tribunals in the years 2000–2004, this article offers insights into the process of the legalization of death and family relations. The length, aesthetics, phrasing, and contents of the wills examined are all evidence of a process in which the personal wishes of testators are transformed into a standardized legal document that tells very little about the individual testator. The rarity of cases in which testators do use their wills to disclose personal sentiments and thoughts highlights the neglected potential of wills to constitute a unique, personal, and emotional parting statement. The article demonstrates that this potential embodies the different ways in which wills were perceived in ancient times. Inspired by these past and present examples and on the basis of a bifocal relational perception of inheritance, I argue that lawyers should adopt a broader human understanding of wills and offer their clients the option of leaving behind a will with a soul.

This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro‐Musharraf regime judges expand judicial power, leading to a confrontation with the regime? Second, how did the bar and the bench mobilize in the struggle for judicial power? The author shows how, instead of blindly supporting economic liberalization in a period of economic growth, the Supreme Court expanded power by scrutinizing questionable urban development, privatization, and deregulation measures in a virtuous cycle of public interest litigation. The author also describes how a politics of reciprocity explains the social mobilization of lawyers as the bench protected the bar from regime penetration, and the bar protected the bench from regime backlash. The Pakistani case questions some of our assumptions about economic liberalization and courts in authoritarian regimes, and the study invites scholars to explore the role of courts in developing judicial support structures and the role of lawyers in social movements.

This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in metropolitan areas. The model is based on a property rights regime of “alienable entitlements,” as articulated by Lee Anne Fennell in The Unbounded Home (2009). The essay frames this model as promoting a groundbreaking approach to the fundamental quandary over the role of law as a tool for broad‐based social change and asks if legal rules can fully absorb the multiple types of societal effects that influence the nature of contemporary homeownership. It assesses the normative desirability and practical feasibility of controlling social exclusion through property rights.

Risa Goluboff's The Lost Promise of Civil Rights (2007) advances the historiographical idea that a long civil rights movement, beginning well before the mid‐1950s, had a robust and innovative legal dimension. Her study of the Civil Rights Division of the Department of Justice, as well as the National Association for the Advancement of Colored People (NAACP) itself, demonstrates that lawyers in those organizations took guidance from many working‐class clients to successfully deploy a conception of civil rights rooted on the farm and in the factory to challenge the economic and social edifice of Jim Crow, in the North as well as the South.

This essay views Gordon Silverstein's book Law's Allure: How Law Shapes, Constrains, Saves, and Kills Politics (2009) from the perspective of the burgeoning interbranch literature on law and courts, which seeks to place judicial decision making within the context of ongoing political and policy‐making processes. It argues that Law's Allure reflects the strengths and weaknesses of this literature. On the plus side, it compellingly reinterprets the concept of legal precedent in political terms, showing how the content of judicial decisions serves as an iterative framing mechanism within and across various policy areas. On the downside, it struggles to provide a rigorous framework for analyzing the risks of the juridification of American politics. Despite any weaknesses, its attempt to map different pathways of legalistic court‐based policy development in diverse settings represents a useful step for those interested in bringing the study of law and courts back into the core of analyzing American politics and policy making.