Legal Realism

Question 1

Llewellyn

Answer 1

First clear legal realist (self-conscious)

o 1) Law is in flux. Don’t merely find
o 2) Law changes, but society changes even faster.
o 3) Judges should separate is from-ought.

Question 2

Jerome Frank

Answer 2

Focused on personality of judges. What the judge had for breakfast.
§ Judges should undergo psychoanalysis.
Would be far more effective if aware of all influences.

Question 3

Peresie

Answer 3

Female Judges Matter. A solo female judge or having 1 female on a panel à much more likely to rule for female plaintiff in sexual harassment and discrimination. Could judges memories impact? Could it be an age issue? Is it just liberals appoint more females? Do they have experiences?