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Packet 5: Bonus 18

Oliver Wendell Holmes’s “prediction theory” of the law is underpinned by this school of thought, which is caricatured as arguing that law is determined by “what the judge had for breakfast.” For 10 points each:
[10h] Name this school of thought, which includes Karl Llewellyn (“luh-WELL-lin”) and Robert Hale. This school of thought rejects formalism and analyzes the law as being driven by policy preference and other biases.
ANSWER: legal realism [or word forms; accept American Legal Realism or “ALR”; accept New Legal Realism or “NLR”; reject “positivism”]
[10e] Hale’s distributional analysis of law influenced a left-wing “Legal Studies” movement named for this word. Kimberlé Crenshaw advocates a theory concerning race named for this adjective.
ANSWER: critical [or Critical Legal Studies; or Critical Race Theory; prompt on CRT]
[10m] Holmes’s “The Path of the Law” stated that even this thinker’s formulation of laissez-faire (“LESS-say FAIR”) should be questioned. Holmes later wrote that “the Fourteenth Amendment does not enact” this thinker’s theories.
ANSWER: Herbert Spencer [or “Mr. Herbert Spencer”; accept “the Fourteenth amendment does not enact Mr. Herbert Spencer’s Social Statics”] (“The Path of the Law” stated the “prediction theory” that law is what a “bad man” predicts a judge would do to him if he takes a given action.)
<Editors, Social Science> | N. Playoffs 5 (Editors 5)

HeardPPBE %M %H %
1116.3673%64%27%

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TeamOpponentPart 1Part 2Part 3TotalParts
Chicago AIndiana010010E
Columbia AVirginia Tech0101020EM
Columbia BGeorgia Tech A10101030HEM
Georgia Tech CPittsburgh010010E
NYU AUC Berkeley A1001020HM
Penn StateRutgers1010020HE
Toronto AStanford A010010E
Toronto BMinnesota0101020EM
UC Berkeley BHarvard0101020EM
UCLABritish Columbia001010M
VirginiaJohns Hopkins001010M

Summary

TournamentEditionMatchHeardPPBE %M %H %
Main Site2026-04-17✓1116.3673%64%27%