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Full-Text Articles in Arts and Humanities

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2008

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2008

Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble Jan 2008

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.


Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz Jan 2008

Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz

All Faculty Scholarship

What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …


The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick Jan 2008

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Writing To Learn Law And Writing In Law: An Intellectual Property Illustration, Michael J. Madison Jan 2008

Writing To Learn Law And Writing In Law: An Intellectual Property Illustration, Michael J. Madison

Articles

This essay, prepared as part of a Symposium on teaching intellectual property law, describes a method of combining substantive law teaching with a species of what is commonly called "skills" training. The method involves assessing students not via traditional final exams but instead via research memos patterned after assignments that junior lawyers might encounter in actual legal practice. The essay grounds the method in the theoretical disposition known generally as "writing to learn." It argues that students are likely to learn intellectual property law effectively if they learn to practice as intellectual property lawyers, and specifically to write as intellectual …


'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble Dec 2007

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

Sara L Kimble

No abstract provided.


The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan Dec 2007

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan

Felice J Batlan

The legal history of women and gender is a crucial and radical project that seeks to rewrite the dominant legal narratives that we tell about the development of law and the role that law has played. It is in part about how law shapes culture and society and how society and culture shape law. Crucial to any understanding of law, culture, and society is how gender functions. Yet gender is a slippery term that is at once historically contingent, malleable, shifting, and unstable. This indeterminacy makes gender such a rich mode of analysis.' Creating a women's or gendered legal history …