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Articles 1 - 9 of 9
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Converting Natural Resources Into Electricity, K.K. Duvivier
Converting Natural Resources Into Electricity, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This paper provides the groundwork for understanding the conversion of natural resources, such as wind, solar, biomass, and geothermal, into electric energy. It includes a summary of the current technologies and latest statistics on their distribution among states and on land and water. It also provides an introduction to some of the legal issues related to their deployment and interconnection with the electric grid.
Good-Bye Christopher Columbus Langdell?, K.K. Duvivier
Good-Bye Christopher Columbus Langdell?, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The call of this Article was to take "A Prospective Look" at Environmental and Natural Resources Law for the next 40 years with a special focus on law school teaching. Daunted by the hubris involved in prognosticating so far into the future, this piece more modestly explores three areas in which law school teaching is currently changing: I. Methods of Presentation; II. Use of Skills Exercises; and III. Influence of Digital Technologies and the Internet. To add an empirical component, the author canvassed AALS members about pedagogies they used both in class and outside of classroom time, as well as …
Finding The Point Of Novelty In Software Patents, Bernard Chao
Finding The Point Of Novelty In Software Patents, Bernard Chao
Sturm College of Law: Faculty Scholarship
The issue of patentable subject matter eligibility is in considerable flux. In 2012, the Supreme Court set forth a confusing new framework for determining patent eligibility. The decision in Mayo v. Prometheus cast serious doubt on the continued viability of many software patents. Indeed, a split quickly emerged in the Federal Circuit. As a result, it was unclear whether adding computer limitations to an otherwise unpatentable concept somehow renders the concept patent-eligible. In an attempt to settle this question, the Federal Circuit granted a petition to rehear the issue en banc. But in CLS Bank Int’l v. Alice Corp., the …
Using Student Evaluation Data To Examine And Improve Your Program, David I.C. Thomson
Using Student Evaluation Data To Examine And Improve Your Program, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
At many schools, directing a legal writing program today is quite different than it was even 10 years ago. As LRW faculties mature and the individual faculty members grow in the profession, the need for a “top-down” director is lessening or going away in many programs. However, in many schools there remains a valuable leader/coach sort of role for a director, whether that person rotates, coordinates, or however it works in practice that is best for the school. This new sort of director is ideally someone who is able to encourage and support a culture of programmatic excellence and is …
Facilitating Better Law Teaching – Now, Martin J. Katz
Facilitating Better Law Teaching – Now, Martin J. Katz
Sturm College of Law: Faculty Scholarship
This Essay is about solutions—real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.
Teaching Professional Identity In Law School, Martin J. Katz
Teaching Professional Identity In Law School, Martin J. Katz
Sturm College of Law: Faculty Scholarship
Law schools are in the business of teaching students legal doctrine. Since the introduction of the case method at Harvard Law School in the late 1800s, law schools regularly have taught students how to find doctrine (research); how to identify doctrine (reading cases and other legal texts); how to understand doctrine (exploring the limits of legal texts, and applying rules from old texts to new facts); and how to critique doctrine (discussing whether a particular rule is a good one, based on the goals the rule might seek to accomplish). In more recent times, law schools’ stakeholders—including clients, firms, judges, …
What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad
What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad
Sturm College of Law: Faculty Scholarship
Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice, Robert M. Hardaway
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Income and wealth disparities along racial lines in the United States constitute a continuing threat to the political and democratic stability upon which the economy and government of the United States fundamentaly depends. The quest or solutions to these economic dijpariies has thus far been frustrated by ideological battles between poliical groups and coalitions. In particular, ideological preconceptions have prevented these groups from listening to the ideas and proposals of opposing groups and working together to find real solutions to the problem of income disparities that actually work. Instead, they have created policies which, while fitting within a preconceived ideological …
E-Legislating, K.K. Duvivier
E-Legislating, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The United States has been plagued with a deadlocked, “do nothing” Congress for the last several years, but today there is a new game in town. Senator Chris Dodd declared, when he first encountered the full force of e-legislating, “It’s a new day [in Washington]... Brace yourselves.” Digital technologies have fundamentally changed the relationship of citizens to their governments. Since e-democracy was first identified in the 1990s, at least four subcategories have emerged. This article debuts the newest member of the e-democracy family: e-legislating — the use of Internet and social media to influence federal legislation. The federal legislative process …