Law Commons^™

Beyond The Moot Law Review: A Short Story With A Happy Ending, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

When the author began teaching at the Chicago-Kent College of Law in 1982, it was publishing at great expense a law review that few cited, few professors would write for, and few, if anyone, read. For this reason, he dubbed it a "moot law review" in that students were working hard to produce a publication that mimicked "real" law reviews-that is, law reviews that contribute to intellectual discourse and the body of legal knowledge.

The fact that you are reading this page (and others in this issue) is evidence that the Chicago-Kent Law Review is no longer a moot law …

Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer

Law Faculty Articles and Essays

Our topic is whether law schools should remain institutionally neutral, presumably concerning the fundamental political and moral issues that besiege our society. The answer depends on several competing considerations, including one's concept of the university as either ivory tower or critical force obligated to serve the society that sustains it. I opt in the direction of the university as social force while also accepting the validity of the passive mode and seeing the dispassionate search for knowledge as a means to serve important human needs. The abstract formulation of the university as institutionally neutral is in many ways illusory because …

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

The Mind In The Major American Law School, Lee C. Bollinger

Faculty Scholarship

Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …

Lawyering Theory: An Overview What We Talk About When We Talk About Law, Richard Sherwin

Articles & Chapters

No abstract provided.

Writing For Judges, Pierre Schlag

Publications

No abstract provided.

Pre-Figuration And Evaluation, Pierre Schlag

Publications

In this response to Professor Rubin, Professor Schlag argues that a prescriptive theory of evaluation does not free an evaluator from the bias inherent in his own pre-figurations. On the contrary, the belief that better evaluative criteria will advance the cause of fairer evaluation is itself an effect of flawed and unrationalized pre-figurations of conventional legal thought. Professor Schlag argues that the evaluation question and its attendant disputes arise from a more significant development--the unraveling of the dominant paradigm of legal thought, the decomposition of normative legal thought.

Chapin Clark, Charles F. Wilkinson

Publications

No abstract provided.

Outsider Scholarship: The Law Review Stories, Mary I. Coombs

Articles

No abstract provided.

How New Information Technologies Will Change The Way Law Professors Do And Distribute Scholarship, Peter W. Martin

Cornell Law Faculty Publications

Using a typology of legal scholars, Professor Martin explores the impact of new information technology on their work. His analysis suggests that increased use of electronic media in legal scholarship is likely to have a profound effect on the institutional structures of law schools, and he raises doubts about the continuing need for traditional academic law libraries in the future.

Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson

All Faculty Scholarship

In 1937, when Fred Rodell issued his once-famous diatribe, some 150 law-related journals were being published (not to mention thousands of local newspapers and countless full-color comic books). Now there are over eight hundred legal periodicals (not to mention a drastically dwindled number of daily papers, and precious few comics). Both Solomon and Rodell have been all but forgotten. What, indeed, have we wrought? Although Rodell predicted his original panning would have no effect, could he have anticipated the sheer dimensions of this worst-case scenario - that his "professional purveyors of pretentious poppycock" would have spawned so furiously, that the …

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.

The Revolution In American Law Schools, David Barnhizer

Cleveland State Law Review

The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …

The Next Century: The Challenge, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Demystifying Legal Scholarship, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Brilliant, The Curious, And The Wrong, Pierre Schlag

Publications

No abstract provided.

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Publications

No abstract provided.

Book Review. Law, Intellect, And Education By Francis A. Allen, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Comparative Law And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Professor Morgan And The University Casebook Series, Harry W. Jones

Vanderbilt Law Review

A championship fight professor of Procedure and Evidence must be jack of all legal trades as well as master of his own. The flow of classroom discussion in a good Evidence course does not respect the channels set by law school curriculum divisions. Professor Edmund M. Morgan, as fully as any law teacher of our time, embodies this ideal of the Compleat Lawyer. His students--and most of the leading scholars in his field proclaim themselves to be students of Eddie Morgan in one sense or another--have long been dazzled by the range of Professor Morgan's legal knowledge and by the …

The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem

Michigan Law Review

With two bodies dealing in general with the subject of legal education, the Section of Legal Education and this Association, meeting annually, and with occasionally a third, the Conference of State Boards of Law Examiners, each endeavoring to present papers and arouse discussion, it is obvious that the number of new questions which anyone may hope to suggest is necessarily, small. Most of the important questions have already been discussed, many of them more than once, and anything which is now presented is likely to smack of the truism or the platitude. The very remarkable increase, however, both in the …