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Articles 1 - 21 of 21
Full-Text Articles in Entire DC Network
Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge
Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge
Faculty Scholarship
The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as a master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s …
Navigating Introvert Hell, Heidi K. Brown
When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar
When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar
Faculty Scholarship
No abstract provided.
Brief For Amici Curiae Christopher T. Robertson, Kelly Bergstrand, And D. Alexander Winkelman In Support Of Appellants' Petition For Initial Hearing En Banc, Christopher Robertson, Kelly Bergstrand, D. Alex Winkelman
Brief For Amici Curiae Christopher T. Robertson, Kelly Bergstrand, And D. Alexander Winkelman In Support Of Appellants' Petition For Initial Hearing En Banc, Christopher Robertson, Kelly Bergstrand, D. Alex Winkelman
Faculty Scholarship
Plaintiffs-Appellants have asked the Court to reconsider its decision in SpeechNow.org v. Federal Election Commission, 599 F.3d 686 (D.C. Cir. 2010), which gave rise to so-called Super PACs and similar independent expenditure organizations.3 The Court in SpeechNow recognized that the “appearance of corruption” could justify campaign finance regulation under Supreme Court precedent. Id. at 692. But the Court went on to state that, “[i]n light of the [Supreme] Court’s holding as a matter of law that independent expenditures do not corrupt or create the appearance of quid pro quo corruption, contributions to groups that make only independent expenditures”—like …
Non-English Materials For The English Speaker : European Languages, Erin Gow
Non-English Materials For The English Speaker : European Languages, Erin Gow
Faculty Scholarship
So many legal materials are in languages other than English worldwide, that it is inevitable that most of us will need to find or access one of these documents at some point. Foreign, comparative, and international law (FCIL) librarians often work with materials in languages in which they are not fluent, and can provide useful ideas and insight for the non-FCIL specialist faced with this type of research. This portion of a 2019 AALL webinar titled "Non-English Materials for the English Speaker" focuses on European languages, and provides practical guidance in finding English translations of European laws, tips and techniques …
Fear And Lawyering, Heidi K. Brown
Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson
Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson
Faculty Scholarship
Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the …
Face Fear - Don't Fake It, Heidi K. Brown
Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo
Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo
Faculty Scholarship
Richard Fallon likely did not plan the publication of this book to coincide with the aftermath of the Kavanaugh hearings or the phrase “Obama judges or Trump judges, Bush judges or Clinton judges.” After all, the author has been writing about legitimacy and the law for over a decade, and this book brings together many of his ideas in previously published law review articles. But the timing could not be better, all the more so for young scholars or those otherwise new to Fallon’s writings who will appreciate an accessible account for why and when Supreme Court decisions merit legitimacy …
Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens
Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens
Faculty Scholarship
Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.
Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart
Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart
Faculty Scholarship
This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.
Justice Kennedy's Prose – Style And Substance, Eric Segall, Eric Berger, Michael C. Dorf, Jamal Greene
Justice Kennedy's Prose – Style And Substance, Eric Segall, Eric Berger, Michael C. Dorf, Jamal Greene
Faculty Scholarship
Supreme Court Justice Anthony Kennedy's retirement in June 2018 sent shockwaves throughout America. After Justice Sandra Day O'Connor left the Court in 2005, Justice Kennedy became the Court's all-important swing vote in virtually every important area of constitutional law. His views on affirmative action, abortion, campaign finance reform, free speech, and the separation of church and state (among many other constitutional issues) were the ones that mattered the most among the Justices. Lawyers prepared arguments and filed briefs in the Supreme Court for the main purpose of persuading Justice Kennedy to rule for their clients. He was, quite simply, the …
Exemplary Legal Writing 2018: Four Recommendations, Jed S. Rakoff, Lev Menand
Exemplary Legal Writing 2018: Four Recommendations, Jed S. Rakoff, Lev Menand
Faculty Scholarship
In an age of mass incarceration, it is not so easy to find good in the U.S. criminal justice system. But The Secret Barrister makes you appreciate the better aspects of our system by showing just how dysfunctional the corresponding English system has become. The book — written by an anonymous junior barrister — is a devastating, sometimes hilarious, and frequently heart-breaking account of how the criminal justice system in England and Wales is not only broke financially but broken in its ability to deliver justice, whether to prosecutors, defendants, victims, or the public.
“Unknown Symbols”: Online Legal Research In The Age Of Emoji, Jennifer L. Behrens
“Unknown Symbols”: Online Legal Research In The Age Of Emoji, Jennifer L. Behrens
Faculty Scholarship
Over the last decade, emoji and emoticons have made the leap from text messaging and social media to legal filings, court opinions, and law review articles. However, emoji and emoticons’ growth in popularity has tested the capability of online legal research systems to properly display and retrieve them in search results, posing challenges for future researchers of primary and secondary sources. This article examines current display practices on several of the most popular online legal research services (including Westlaw Edge, Lexis Advance, Bloomberg Law, Fastcase, HeinOnline, and Gale OneFile LegalTrac), and suggests effective workarounds for researchers.
Slow Lawyering: How Law Practitioners Can Slow Down In A High-Speed World And Why It Matters, Susan Greene
Slow Lawyering: How Law Practitioners Can Slow Down In A High-Speed World And Why It Matters, Susan Greene
Faculty Scholarship
No abstract provided.
We Carry Each Other, Heidi K. Brown
Mindful Practices Of Law Practices, Susan Greene
Mindful Practices Of Law Practices, Susan Greene
Faculty Scholarship
No abstract provided.
Standing In The Line Of Fire: Compulsory Campus Carry Laws And Hostile Speech Environments, Cameron W. Arnold
Standing In The Line Of Fire: Compulsory Campus Carry Laws And Hostile Speech Environments, Cameron W. Arnold
Faculty Scholarship
No abstract provided.
Defusing Bullies, Heidi K. Brown
Everything Old Is New Again, Diane Penneys Edelman
Everything Old Is New Again, Diane Penneys Edelman
Faculty Scholarship
No abstract provided.
Exemplary Legal Writing 2018: Five Recommendations, Femi Cadmus, Casandra Laskowski
Exemplary Legal Writing 2018: Five Recommendations, Femi Cadmus, Casandra Laskowski
Faculty Scholarship
A brief review of five recommended exemplary legal books published in 2018.