Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (17)
- Touro University Jacob D. Fuchsberg Law Center (9)
- Georgetown University Law Center (7)
- University of Michigan Law School (7)
- Cleveland State University (6)
-
- New York Law School (6)
- University of Baltimore Law (6)
- Selected Works (5)
- University of Massachusetts School of Law (4)
- American University Washington College of Law (3)
- Cornell University Law School (3)
- Schulich School of Law, Dalhousie University (3)
- University of Arkansas, Fayetteville (3)
- Vanderbilt University Law School (3)
- Columbia Law School (2)
- Maurer School of Law: Indiana University (2)
- The University of Akron (2)
- University of Georgia School of Law (2)
- University of Miami Law School (2)
- University of Richmond (2)
- BLR (1)
- Boston University School of Law (1)
- Golden Gate University School of Law (1)
- Marquette University Law School (1)
- Pace University (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- SelectedWorks (1)
- Texas A&M University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Publication Year
- Publication
-
- Publications (17)
- Touro Law Review (8)
- Georgetown Law Faculty Publications and Other Works (7)
- All Faculty Scholarship (6)
- Articles (4)
-
- Articles & Chapters (4)
- Faculty Scholarship (4)
- Scholarly Works (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Cornell Law Faculty Publications (3)
- Dalhousie Law Journal (3)
- Michigan Law Review (3)
- Akron Law Review (2)
- Arkansas Law Review (2)
- Articles by Maurer Faculty (2)
- Caroline L. Osborne (2)
- Cleveland State Law Review (2)
- David Barnhizer (2)
- Faculty Publications (2)
- Law & Economics Working Papers (2)
- Law Faculty Publications (2)
- NYLS Law Review (2)
- University of Massachusetts Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- ExpressO (1)
- Faculty Works (1)
- Ira Steven Nathenson (1)
- James G. Milles (1)
- Publication Type
Articles 61 - 90 of 113
Full-Text Articles in Law
Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato
Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato
Scholarly Articles
This article presents a tightly organized and closely reasoned analysis of legal scholarship in the current post-realist era. Secure and well-defined within the formalist legal world of the nineteenth century, the practice of legal scholarship has been profoundly affected by the realist revolution of the early twentieth century and the instrumentalist view of law that now prevails in the twenty-first century. In response, legal scholars have been forced to dramatically alter the focus, the materials and the basic methods of their study. The practice of legal scholarship is currently occupied in a prolonged struggle to adapt to these changes and …
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Charles Reich’S Journey From The Yale Law Journal To The New York Times Bestseller List: The Personal History Of The Greening Of America, Rodger D. Citron
Charles Reich’S Journey From The Yale Law Journal To The New York Times Bestseller List: The Personal History Of The Greening Of America, Rodger D. Citron
NYLS Law Review
No abstract provided.
Wikipedia And The Future Of Legal Education, Beth Simone Noveck
Wikipedia And The Future Of Legal Education, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Reading, Writing, And Citing: In Praise Of Law Reviews, Cameron Stracher
Reading, Writing, And Citing: In Praise Of Law Reviews, Cameron Stracher
NYLS Law Review
No abstract provided.
Afterthoughts From A "Buzz Killer", Sarah Krakoff
Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff
Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff
Publications
No abstract provided.
Scholarship Advice For New Law Professors In The Electronic Age, Nancy Levit
Scholarship Advice For New Law Professors In The Electronic Age, Nancy Levit
Faculty Works
The article suggests that the legal academy is in a time of transition between promotion and tenure rules based on traditional methods of publication and contemporary electronic and interdisciplinary possibilities for publication. While a number of articles contain recommendations for newer law professors about the process of scholarship, most of those articles are between five and twenty years old and do not address publishing in the age of blogs, expedited reviews, electronic submissions, and open-access databases.
The substance and length of what law professors write, the formats in which they do so, and the fora in which they publish are …
Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner
Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner
All Faculty Scholarship
The 2007 Carnegie Foundation report on legal education, Educating Lawyers: Preparation for the Profession of Law, is eerily reminiscent of the Foundation's 1914 Report, The Common Law and the Case Method in American University Law School. This article compares the two reports. It commends the 1914 report for its broad comparative civil/common law perspective that is unsurpassed to this day. It shows how the two reports view the case method similarly, but with significantly different emphases. The 2007 report counts the case method as academic, while the 1914 report sees it as practical. It shows how the two reports, while …
Legal Scholarship, Humility, And The Scientific Method, David J. Herring
Legal Scholarship, Humility, And The Scientific Method, David J. Herring
Articles
This essay responds to the question of What next for law and behavioral biology? by describing an approach to legal scholarship that relies on the scientific method. There are two steps involved in this approach to legal scholarship. First, the legal scholar must become familiar with an area of scientific research that is relevant to the development of law and policy. (This essay uses behavioral biology research as an example.) Second, the legal scholar must seek and form relationships across disciplines, becoming an active member of a scientific research team that conducts studies relevant to particular issues of law and …
Institutional Repositories And The Principle Of Open Access: Changing The Way We Think About Legal Scholarship, Carol A. Parker
Institutional Repositories And The Principle Of Open Access: Changing The Way We Think About Legal Scholarship, Carol A. Parker
ExpressO
Open access to scholarship, that is, making scholarship freely available to the public via the Internet without subscription or access fees, is a natural fit for legal scholarship given our tradition of making government and legal information available to citizens, and the many benefits that flow from freely disseminating information for its own sake. Law schools, journals and scholars should espouse the principle of open access to legal scholarship, not only for the public good, but also for the enhanced visibility it provides journals and authors. Open access can be accomplished by archiving digital works in online institutional repositories. Legal …
Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett
Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
These comments were delivered to the “Symposium on Bloggership” held at Harvard Law School on April 28, 2006. Professor Randy Barnett discusses the pros and cons of blogging by legal scholars.
What The Internet Age Means For Female Scholars, Rosa Brooks
What The Internet Age Means For Female Scholars, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Is the Internet-driven transformation of legal scholarship good for the girls, or bad for the girls?
Will it remove some of the handicaps that have dogged women's efforts to join the ranks of scholarly "superstars"? Or will it only increase the professional obstacles still faced by women in legal academia? In this short Essay, the author tries to predict some of the promises and perils that the Internet holds for women in the legal academy.
The Bulls And Bears Of Law Teaching, Sara K. Stadler
The Bulls And Bears Of Law Teaching, Sara K. Stadler
Washington and Lee Law Review
No abstract provided.
Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum
Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Does blogging have anything to do with legal scholarship? Could blogging transform the legal academy? This paper suggests that these are the wrong questions. Blogs have plenty to do with legal scholarship--that's obvious. But what blogs have to do with legal scholarship isn't driven by anything special about blogs qua weblogs, qua collections of web pages that share the form of a journal or log. The relationship between blogging and the future of legal scholarship is a product of other forces--the emergence of the short form, the obsolesce of exclusive rights, and the trend towards the disintermediation of legal scholarship. …
Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione
Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
The author argues that although legal writing faculty know that what they teach is absolutely essential to their students' success, yet it continues to be grossly, even embarrassingly, undervalued in legal education. Doctrinal legal faculty perpetuate the view that legal education is a philosophical endeavor that focuses on the truth about the nature of law and, in the twenty-first century, on the law's ability to serve justice in a multicultural America. Because of their political power, however, doctrinal faculty are able to preserve the task of truth finding for themselves. Since the nature of truth is independent of its practical …
Redefining Open Access For The Legal Information Market, James G. Milles
Redefining Open Access For The Legal Information Market, James G. Milles
Journal Articles
The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their …
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway
Scholarly Works
This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Michigan Law Review
Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever
Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever
Law Faculty Presentations and Testimony
A counterfactual is speculating on the consequences if particular events had not happened as they did. For example, suppose the British had won the American Revolutionary War. What would have been the British policy in North America? As law teachers, lawyers, and perhaps policy makers, counterfactual history has much value for us. Its value, however, clearly depends upon the care we take in choosing a plausible counterfactual assertion, the degree of its breadth or, alternatively, its limited nature, and how we make use of the counterfactual.
American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner
American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner
All Faculty Scholarship
Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …
A Reply--The Missing Portion, Pierre Schlag
Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews
Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews
Articles & Chapters
This is a critique by two non-white law professors in the form of a conversation about the relevance offeminist law journals on their lives and scholarship. We conclude that the impression that feministscholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as well. The …
Towards A New Scholarship For Equal Justice, James S. Liebman
Towards A New Scholarship For Equal Justice, James S. Liebman
Faculty Scholarship
Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …
Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards
Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards
Michigan Law Review
It is an honor for me to offer some reflections in commemoration of the 100th anniversary of the Michigan Law Review. I have many fond memories of my time at the University of Michigan Law School, both as a law student and a member of the faculty. I was therefore pleased to accept the assignment to present the keynote address at the Centennial Celebration banquet. It is hard for me to believe that it has been almost 40 years since I was invited to serve on the Michigan Law Review. I remember it like it was yesterday, for it was …
Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie
Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie
Vanderbilt Law School Faculty Publications
For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos
Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos
Scholarly Works
This Essay reviews “Notes of a Racial Caste Baby, Colorblindness and the End of Affirmative Action” by Bryan K. Fair, “How Did You Get to Be a Mexican? a White/Brown Man's Search for Identity” by Kevin R. Johnson, and “To be an American: Cultural Pluralism and the Rhetoric of Assimilation” by Bill Ong Hing. This Essay examines the potential contributions each book makes to legal scholarship and the popular press. The Essay first describes how each author uses the autobiographical narrative and what these narratives accomplish. The Essay examines each book's legal agenda and assesses how well each author achieves …
Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson
Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson
Publications
Ms. Thompson explores the challenge of teaching law school faculty how to research effectively, especially in light of a unique "faculty culture" and differences in individual learning styles.