Title

Further (Ms) Understanding Legal Realism: Rescuing Judge Anna Moscowitz Kross

Document Type

Article

Publication Date

2009

First Page

43

Journal Title Abbreviation

Tex. L. Rev.

Abstract

In his informative and provocative Article, Understanding Legal Realism,'my colleague-to-be, Brian Z. Tamanaha, 2 seeks to recast the history of Legal Realism in this country by revisiting the" what" and" who" 3 of this important" movement." 4 His goal is to dispel common misconceptions about legal realism and provide a fuller account of its community. In part, he seeks to" rescue" 5 (sometimes from obscurity) those who erroneously may have been left off Karl Llewellyn's (and others') allimportant Legal Realist lists. 6 As for realism's" what," Tamanaha suggests that it may not be as rooted in skepticism about law and judging as many have previously proclaimed. Even Realists, he argues, like their formalist forefathers, recognized the importance of the rule of law. 8 Thus, he offers a more balanced description of the school's thinking than traditionally understood.

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