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Articles 1 - 30 of 36
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Affirmative Action On Law Reviews: An Empirical Study Of Its Status And Effect, Frederick Ramos
Affirmative Action On Law Reviews: An Empirical Study Of Its Status And Effect, Frederick Ramos
University of Michigan Journal of Law Reform
This Note discusses the issues involved in affirmative action on law reviews. Part I examines law review affirmative action admissions schemes and alternative types of affirmative action programs. Part II considers the arguments supporting and opposing the implementation of affirmative action programs by law reviews. Part III presents the results of a survey of law reviews concerning affirmative action. This Note concludes that affirmative action programs are the most effective means of increasing minority membership on law reviews, but that law reviews may increase minority membership through other methods.
Approaching The Constitution, Don Herzog
Approaching The Constitution, Don Herzog
Reviews
These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …
The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover
The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover
Michigan Law Review
Earl Warren is dead.
A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.
The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.
Book Reviews: The Study Of Law Edited By J. F. Corkery, Elizabeth Barbara Naumczyk
Book Reviews: The Study Of Law Edited By J. F. Corkery, Elizabeth Barbara Naumczyk
Research Collection Library
No abstract provided.
The Practice And Discourse Of Legal Scholarship, Edward L. Rubin
The Practice And Discourse Of Legal Scholarship, Edward L. Rubin
Michigan Law Review
This article begins with a discussion of the critique of methodology, a characterization of standard legal scholarship in terms of the critique, and an exploration of the critique's relevance for this form of scholarship. The next section discusses the modes of legal analysis represented by the critical legal studies, law and literature, and law as practical reason movements, which draw from many of the same philosophic sources as the critique. Despite their common origin, these movements do not rely on the critique of methodology itself, and do not focus on standard legal scholarship. The Article then proceeds to offer a …
Library Costs As A Percentage Of Law School Budgets, Jane L. Hammond
Library Costs As A Percentage Of Law School Budgets, Jane L. Hammond
Cornell Law Faculty Publications
For many years, the benchmark for the portion of the law school budget that goes to the law library has been twenty percent. An analysis of law school budgets for 1976-77, 1981-82, and 1986-87, however, shows that this benchmark should be lowered or modified by size of the law school.
Introduction: "Plus Ca Change...?", Stephen B. Burbank
Introduction: "Plus Ca Change...?", Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Introduction: "Plus Ça Change …?", Stephen B. Burbank
Introduction: "Plus Ça Change …?", Stephen B. Burbank
University of Michigan Journal of Law Reform
This is a time of self-conscious attention to legal scholarship that, although hardly unprecedented, must seem remarkable to many in the profession. We hear of "malaise" in the academy, of the decline of doctrinal scholarship, and more generally, of the decline of law as an autonomous discipline. For some who believe it, the news may be profoundly disturbing, tolling the thirteenth hour on entire careers. For others, bearing the news-and having it believed-may be essential to launching or sustaining careers.
Most of us, I suspect, are inclined to suspend judgment, inured more than most mortals to the harsh reality that …
Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery Katz
Reflections On Fuller And Perdue's The Reliance Interest In Contract Damages: A Positive Economic Framework, Avery Katz
University of Michigan Journal of Law Reform
Fuller and Perdue's classic article, The Reliance Interest in Contract Damages, is regarded by many contemporary contracts scholars as the single most influential law review article in the field. For those of us who teach and think about contracts from the perspective of law and economics, the consensus would probably be close to unanimous. The article displays an approach highly congenial to an economic perspective. The connection goes beyond Fuller and Perdue's explicitly functional approach to law (which law and economics shares with other schools of thought descended from the legal realists) and beyond Fuller and Perdue's focus on …
Derek Bok And The Merger Of Law And Economics, Herbert Hovenkamp
Derek Bok And The Merger Of Law And Economics, Herbert Hovenkamp
University of Michigan Journal of Law Reform
Both the novelty and the uniqueness of the "law and economics" movement of the last fifteen years have been greatly exaggerated. Law and economics has been with us for at least a half century, in nearly every area of private and public law. The most outspoken protagonists of law and economics admit that economics had a presence in antitrust and regulatory policy long before the work of Ronald Coase, Lester Telser, and others inspired its expanded use in areas of private law, such as tort and contract. But even then, some of those who would make such an admission would …
Public Law Litigation And Legal Scholarship, Richard L. Marcus
Public Law Litigation And Legal Scholarship, Richard L. Marcus
University of Michigan Journal of Law Reform
It is hard to turn around nowadays without hearing about the malaise in legal scholarship. For example, Richard Posner, a former president of the Harvard Law Review, announced in that periodical's centenary issue that the Review "may have reached the peak of its influence-may, indeed, have started its journey down the mountain." If even the august Harvard Law Review is sliding, one does sense an ancien regime aroma of decay. But Posner's main message was that scholarship has become more diverse, and that the hegemony of traditional doctrinal analysis has been broken. More generally, the malaise is attributed to …
Neutral Principles In The 1950'S, Gary Peller
Neutral Principles In The 1950'S, Gary Peller
University of Michigan Journal of Law Reform
In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …
The Anatomy Of A Leading Case: Lawrence V. Fox In The Courts, The Casebooks, And The Commentaries, M. H. Hoeflich, E. Perelmuter
The Anatomy Of A Leading Case: Lawrence V. Fox In The Courts, The Casebooks, And The Commentaries, M. H. Hoeflich, E. Perelmuter
University of Michigan Journal of Law Reform
In spite of the wide diversity of training, practice, and location of lawyers throughout the United States, virtually all share one experience: the standard core curriculum of the first year of law school taught by the case method. The extent to which that experience in parsing cases in contracts, torts, and property shapes the American legal mentality is open to debate, but it undeniably has an impact. The first-year experience socializes law students in the culture of the law. During this period, students learn the language of the law and the ways that lawyers think. During this period, too, students …
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
University of Michigan Journal of Law Reform
Many of the other Articles in this Symposium demonstrate that a single great piece of legal scholarship can have an enormous impact on the development of legal doctrine. This Article differs in two respects. First, it focuses not on a single seminal work, but rather on a developing literature authored by a large group of scholars. Second, it attempts to assess the impact of that literature not on the growth of legal theory, but on the development of a single legal institution-the United States Courts of Appeals.
Law Review Articles That Backfire, Gerald L. Neuman
Law Review Articles That Backfire, Gerald L. Neuman
University of Michigan Journal of Law Reform
Other articles in this Symposium have chronicled the real-world triumphs of legal scholarship. I have sadder tales to tell. I would like to discuss law review articles that have had an apparent influence on the course of legal development, but not in the manner that the author intended.
Many of the readers of this Symposium may have their favorite examples of this phenomenon. Such misfortunes can befall anyone; both of the instances I will describe involve a highly respected constitutional scholar, Professor Henry Paul Monaghan of Columbia Law School. They illustrate two mechanisms by which good scholarship can lead …
A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review
A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review
Michigan Law Review
A Bibliography of the Works of William W. Bishop, Jr.
The Evaluation Of Legal Scholarship, Philip C. Kissam
The Evaluation Of Legal Scholarship, Philip C. Kissam
Washington Law Review
The evaluation process requires new perspectives to enhance our writing, reading, and formal evaluation of legal scholarship. The diversity of modern scholarship invites us to engage in a more flexible and more reflective reading and evaluation process that appreciates multiple perspectives and gives explicit attention to the different values, purposes, methods, and contexts of each individual work. This evaluation process would recognize and promote the legitimacy of pluralistic modes of research, analysis, and writing, thus improving the fairness of evaluations and possibly the quality of much contemporary scholarship. These improvements could affect both scholarship which is designed to assist legal …
The Evaluation Of Legal Scholarship, Philip C. Kissam
The Evaluation Of Legal Scholarship, Philip C. Kissam
Washington Law Review
The evaluation process requires new perspectives to enhance our writing, reading, and formal evaluation of legal scholarship. The diversity of modern scholarship invites us to engage in a more flexible and more reflective reading and evaluation process that appreciates multiple perspectives and gives explicit attention to the different values, purposes, methods, and contexts of each individual work. This evaluation process would recognize and promote the legitimacy of pluralistic modes of research, analysis, and writing, thus improving the fairness of evaluations and possibly the quality of much contemporary scholarship. These improvements could affect both scholarship which is designed to assist legal …
Redesigning The Spouse's Forced Share: A Proposal, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share: A Proposal, John H. Langbein, Lawrence W. Waggoner
Law Quadrangle (formerly Law Quad Notes)
The following article is adapted from Langbein and Waggoner, Redesigning the Spouse's Forced Share, 22 Real Property, Probate & Trust Journal 303 (1987). The Joint Editorial Board for the Uniform Probate Code recently accepted in principle the idea for redesigning the elective share presented in that article. Legislative language incorporating the authors' proposals has been approved by the Joint Editorial Board and will soon be submitted to the National Conference of Commissioners on Uniform State Laws for official inclusion in the Uniform Probate Code.
Legal Research And Writing As Taught In Canadian Law Schools, Judy Ginsberg
Legal Research And Writing As Taught In Canadian Law Schools, Judy Ginsberg
Librarian Publications & Presentations
No abstract provided.
Review Essay: Legal Research Books, Manuals, And Guides -- More Than Enough, Fritz Snyder
Review Essay: Legal Research Books, Manuals, And Guides -- More Than Enough, Fritz Snyder
Faculty Journal Articles & Other Writings
This article surveys the current texts of legal research, noting features the author considers important and problems in the approaches of each.
Exploring Computer Aided Generation Of Questions For Normalizing Legal Rules, Layman E. Allen, Charles S. Saxon
Exploring Computer Aided Generation Of Questions For Normalizing Legal Rules, Layman E. Allen, Charles S. Saxon
Book Chapters
The process of normalizing a legal rule requires a drafter to indicate where the intent is to be precise and where it is to be imprecise in expressing both the between-sentence and within-sentence logical structure of that rule. Three different versions of a legal rule are constructed in the process of normalizing it: (1) the logical structure of the present version, (2) the detailed marker version, and (3) the logical structure of the normalized version. In order to construct the third version the analyst must formulate and answer specific questions about the terms that are used to express the logical …
Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo
Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo
UIC Law Review
No abstract provided.
Conflicts Of Law And Morality, 21 J. Marshall L. Rev. 691 (1988), Todd Volker
Conflicts Of Law And Morality, 21 J. Marshall L. Rev. 691 (1988), Todd Volker
UIC Law Review
No abstract provided.
Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher
Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher
UIC Law Review
No abstract provided.
Banking Law, Penny A. Hazelton
Banking Law, Penny A. Hazelton
Chapters in Books
- Introduction
- Federal Law
- State Law
- Federal Regulatory Framework
- Office of the Comptroller of the Currency
- Board of Governors of the Federal Reserve System
- Federal Deposit Insurance Corporation
- Federal Home Loan Bank Board
- State Regulatory Framework
- Additional Research Sources
- Appendices and index
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
UIC Law Review
No abstract provided.
Criteria For The Evaluation Of Law School Examination Papers, Harold See
Criteria For The Evaluation Of Law School Examination Papers, Harold See
Law Faculty Scholarship
It is a generally accepted proposition that grades should be determined in a systematic manner based on individual performance. It is hardly more controversial that the criteria by which student performance is judged should be known in advance by the students. Economic analysis of law teaches us that if students behave rationally, their performances will reflect the criteria by which they understand their performances will be evaluated. Analysis of a set of examination papers should reveal the criteria those students believed were to be applied to them. Weighted frequency of occurrence obviously determines the respective weights students believe are assigned …
Writing In A Different Voice, Elizabeth Perry Hodges
Writing In A Different Voice, Elizabeth Perry Hodges
Articles by Maurer Faculty
No abstract provided.