Law Commons^™

Carving A Path For Legal Scholarship During An Existential Crisis, Adam H. Rosenzweig

Scholarship@WashULaw

The G-7 and G-20 recently announced a “breakthrough” agreement by over 130 countries to adopt and implement a “global minimum tax” proposal. The agreement is reportedly expected to raise over $150 billion in new revenue by closing some of the most notorious tax loopholes in the world; ultimately the deal could reshape global commerce and shore-up beleaguered national finances following the global pandemic. Officials involved in the deal have been quoted as making sweeping statements that the deal was historic, and that it would reshape the global economy, make worldwide taxation fairer, eliminate incentives for corporations to avoid tax, and …

Taking Our Space: Service, Scholarship, And Radical Citation Practice, Priya Baskaran

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Saints, Sinners, And Scoundrels: Catholic Law Faculty And A Light Unseen: A History Of Catholic Legal Education In The United States, Teresa Stanton Collett

Journal of Catholic Legal Studies

(Excerpt)

As a faculty member at a Catholic law school for the past seventeen years, I have often been frustrated with the inability of many professors and administrators at Catholic law schools to describe what makes a law school “Catholic.” As Professors Breen and Strang report in A Light Unseen: A History of Catholic Legal Education in the United States, too often the description is limited to something like “a commitment to social justice,” or “inculcating a strong sense of professional ethics.” Yet as the authors observe, “Catholic law schools do not have a monopoly on or even a …

Festschrift Response: "With A Grateful Heart", Robert F. Cochran Jr.

Pepperdine Law Review

No abstract provided.

Celebrating The Work Of Professor Bob Cochran: An Introduction, Derek T. Muller

Pepperdine Law Review

No abstract provided.

Calculating The Gender Gap In Legal Scholarship: An Empirical Study, Shontee M. Pant

Saint Louis University Law Journal

Women have been attending law school at approximately equal rates as men for decades and began comprising a greater percentage of law school entrants than men in 2016. Yet, men continue to hold a solid majority of leadership positions across the legal field: from seats on judicial benches to podiums in front of law school classrooms. This paper examines one under-evaluated, yet critical gender gap within the legal profession: legal scholarship—specifically legal scholarship published by the flagship law reviews at the top twenty law schools. This article presents original research demonstrating that law reviews might be perpetuating the law professor …

An Intellectual History Of Comparative Tax Law, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author argues that comparative tax law has an intellectual history. More specifically, the author claims that history reveals there is a distinguishable comparative tax law scholarship where tax scholars engage in common debates. The author then offers a description of method, highlighting the difficulty of identifying the work that might be considered “comparative tax law.” Next, the author conceptualizes and clusters contributions from scholars who have framed the comparative tax law field. The author argues that our national boundedness, combined with the lack of an explicit network of scholars, has masked the rich intellectual history in …

Tim Edgar: The Accidental Comparatist, Kim Brooks

Articles, Book Chapters, & Popular Press

This paper focuses on the contributions of Tim Edgar as a major comparative law scholar. It reviews the major debates and theoretical directions in comparative law scholarship and offers a case study of Edgar's contributions in the light of the major debates in comparative law. Edgar's development as a comparatist is traced through three defined phases. His identification of the policy problem to be resolved is highlighted as a major feature of his contribution.

Mistaken About Mistakes, Kathryn Zeiler

Faculty Scholarship

Theoretical work in behavioral economics aims to modify assumptions of standard neoclassical models of individual decision-making to better comport with observed behavior. The alternative assumptions fall into at least two categories: nonstandard preferences and psychological mistakes. Applications of behavioral economics models in law, however, tend to assume that deviations from standard neoclassical models are meant to build in psychological mistakes that produce regrettable choices. Often follow-on policy prescriptions suggest interventions that either help individuals choose correctly or go further to substitute the “correct” choices for those that mistake-prone individuals might choose in error. Such policy prescriptions are ill suited in …

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …

Law 'Reviews'? The Changing Roles Of Law Schools And The Publications They Sponsor, Leslie Francis

Utah Law Faculty Scholarship

The current structure of law reviews is deeply problematic. It does not serve students, law faculty, or legal scholarship very well. There is much to learn from the early development and changes in law reviews over the years to inform law schools as they reevaluate the role of their journals in the education they provide their students and in the lives of their faculty.

Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.

Washington And Lee Legal Scholarship, 4th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.

Washington And Lee Legal Scholarship, 3rd Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.

Finding Purpose: Perspective From A "Non-Elite" Journal, Jonathan F. Will

Touro Law Review

No abstract provided.

Washington And Lee Legal Scholarship, 2nd Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.

Washington And Lee Legal Scholarship, Inaugural Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.

Dean's Desk: New Faculty Continue Legacy Of Legal Scholarship, Austen Parrish

Austen Parrish (2014-2022)

No abstract provided.

Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan

Donald J. Kochan

The Legal Academy Under Erasure, Richard E. Redding

Catholic University Law Review

We hear much about the “crisis” in legal education: steep declines in law school enrollments and graduates unprepared for practice who cannot find jobs. Proposals to address the crisis enjoy wide support and are poised to dramatically change the landscape of legal education. These reforms are harmful to law students and the legal profession, placing the legal academy “under erasure,” as Jacques Derrida would say. They erase the academic nature of law school by: (1) reorienting it from an academically-grounded legal education towards vocational training, (2) requiring just two years of study for the J.D. degree, (3) allowing graduates of …

The Harmonisation Of Private Law In Europe: Some Insights From Evolutionary Theory, Jan M. Smits

Georgia Journal of International & Comparative Law

No abstract provided.

Alan Watson's Controversial Contribution To Legal Scholarship, Gary Francione

Georgia Journal of International & Comparative Law

No abstract provided.

The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.

Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley

Steven D. Hinckley

This article examines the inherent conflict between This article examines the inherent conflict between two Congressional approaches to public access to the Internet - the provision of federal funding support to schools and public libraries to ensure broad access to online information regardless of financial means, and federal restrictions on children's use of school and public library computers to access content that the government feels could be harmful to them. It analyzes the efficacy and constitutionality of the Children's Internet Protection Act (CIPA), Congress's attempt to use its powers of the purse to control objectionable online content in the very …

Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley

Steven D. Hinckley

The author argues that the 1977 United States Supreme Court decision in Bounds v. Smith insufficiently protects the right of prisoners to represent themselves before the courts by failing to require state and federal correctional facilities to establish and maintain adequately stocked prison law libraries and to provide prisoners with the option to use those libraries as their means of gaining meaningful access to the courts.

Model Penal Code, No-Knock Search Warrants, And Robbery, Jennifer Allison

Jennifer Allison

No abstract provided.

Reshaping The Narrative Debate, Nancy Levit

Faculty Works

In Reshaping the Work-Family Debate: Why Men and Class Matter, Joan Williams sets out to alter the terms of the public discussion about working, caregiving, and work-family conflicts. In doing so, Williams also reframes part of the conversation about the use of narratives in legal analysis and policy-making.

This essay describes the debate about narrative or storytelling in the legal academy. Two decades ago, a pitched jurisprudential battle surfaced in the pages of law reviews about the value of storytelling as legal scholarship. Since that time, narrative has sifted into academic texts: people are telling stories all over the place. …

The Direct Voice In Legal Discussions On Equality: An Essay, Bruce Macdougall

All Faculty Publications

There are certain areas of law where it assists a scholar (and perhaps to an extent a lawyer) to have an overtly and directly personal stake in the legal discussion or debate in which he or she engages. When engaging in such a discussion in this personal way, the participant uses a "direct" voice. To be distinguished from this type of participant is a person who, while interested intellectually or politically, does not have the same personal stake in the outcome of the discussion or debate. This person has an "indirect" voice; in fact, in most legal discussions, most participants …

Is Legal Scholarship Out Of Touch? An Empirical Analysis Of The Use Of Scholarship In Business Law Cases, Michelle M. Harner, Jason A. Cantone

Michelle M. Harner

Commentators have observed two apparent trends in the use of legal scholarship by the judiciary. First, judges now cite law review articles in their opinions with less frequency. Second, despite this general decline in the invocation of legal scholarship, judges now cite articles in specialty journals with more frequency. Some commentators attribute the apparent decline in the courts’ use of legal scholarship to the increasingly theoretical and impractical nature of that scholarship. A few studies even suggest that the increasing use of specialty journals by the courts reflects the gap between the content of legal scholarship in general law reviews …

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger, Linda H. Edwards, Terrill Pollman

Scholarly Works

This article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this article, we map the contours of a third generation of legal writing scholarship - one that integrates the elements of our professional lives and allows us to engage more effectively with our …