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On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss
On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss
Faculty Scholarship
At a recent conference, a new judge from one of the federal courts of appeal – for the United States, the front line in judicial control of administrative action-made a plea to the lawyers in attendance. Please, he urged, in briefing and arguing cases reviewing agency actions, help us judges to understand their broader contexts. So often, he complained, the briefs and arguments are limited to the particular small issues of the case. We get little sense of the broad context in which it arises – the agency responsibilities in their largest sense, the institutional issues that may be at …
Religious Law Schools: Tension Between Conscience And Academic Freedom, Kent Greenawalt
Religious Law Schools: Tension Between Conscience And Academic Freedom, Kent Greenawalt
Faculty Scholarship
My comments this afternoon are responsive to John Garvey’s Presidential
Address on Institutional Pluralism at last year’s meeting. The gist of his
address, delivered gracefully, undogmatically, and persuasively, is that it may
be desirable to have law schools that are devoted substantially to particular
endeavors and points of view. Dean Garvey mentioned law schools that
concentrate on teaching particular subjects, such as law and economics, or
training for geographical areas, such as northern New York, or preparing
for forms of practice, such as clinical work, or helping a particular group of
potential lawyers, such as African‑Americans, or reflecting a special …