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“Don’T Waste My Time On Negotiation And Mediation, This Dispute Needs A Judge.” Which Conflicts Need Judges? Which Conflicts Need Filing?, John Wade

John Wade

This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, …

Putting One Foot In Front Of The Other: Teaching Text-Based Research Before Exposing Students To Computer-Assisted Legal Research, Susan Duncan, David Ritchie

Susan Duncan

This essay advocates teaching text-based resources for legal research before introducing students to computer-assisted legal research.

Let Bush And Gore Teach Persuasion, Susan Duncan

Susan Duncan

This short essay outlines ways to use the Bush v. Gore briefs as tools for teaching persuasive writing techniques.

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

D. A. Jeremy Telman

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …

Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss

Rebecca J. Huss

This article proposes that legislatures adopt a statutory provision codifying the best aspects of the veil piercing doctrine. The article beings with a brief history and description of the new limited liability entities and discusses some of the basic theories supporting limited liability. A genearl overview of the veil piercing doctrine and its likely application to these new entities follows. Finally this paper argues that the time is ripe to explore and implement ideas for accomplishing the goals of veil piercing in a more consistent manner.

Teaching Legal Analysis Using A Pluralistic Model Of Law, Wilson R. Huhn

Wilson R. Huhn

The purpose of this Article is to describe a pluralistic model of reasoning that may be used to teach the skills of legal analysis. There are different ways to categorize legal arguments. Perhaps the most common method is to identify different legal arguments with specific schools of jurisprudence or moral philosophy. This is the standard approach followed by leading scholars such as Lon Fuller. In a classic article, Fuller illustrated how a murder case could be analyzed utilizing jurisprudential frameworks such as positivism, natural law, social contract, practical wisdom, and legal realism. Another example of this method of characterizing legal …