74 Pages Posted: 25 Jun 2008 Last revised: 23 May 2015
Date Written: December 31, 2006
The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.
Keywords: legal certainty, legal indeterminacy, legal methods, legislation, case law, statute law, civil procedure, pleading, jury, federalism, localism, local government
Suggested Citation: Suggested Citation
Maxeiner, James R., Legal Indeterminacy Made in America: American Legal Methods and the Rule of Law (December 31, 2006). Valparaiso University Law Review, Vol. 41, No. 2, pp. 517-589, 2006. Available at SSRN: https://ssrn.com/abstract=1150507