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Articles 1 - 11 of 11
Full-Text Articles in Law
Two Rules For Better Writing, Amy E. Sloan
Two Rules For Better Writing, Amy E. Sloan
All Faculty Scholarship
No abstract provided.
'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps
'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps
All Faculty Scholarship
This essay pays tribute to William Van Alstyne, one of our foremost constitutional scholars, by applying the methods of textual interpretation he laid out in a classic essay, "Interpreting This Constitution: On the Unhelpful Contribution of Special Theories of Judicial Review." I make use of the graphical methods Van Alstyne has applied to the general study of the First Amendment to examine the Supreme Court's recent decisions in the context of the Free Exercise Clause, in particular the landmark case of "Employment Division v. Smith". The application of Van Alstyne's use of the burden of proof as an interpretive tool …
Using Our Brains: What Cognitive Science And Social Psychology Teach Us About Teaching Law Students To Make Ethical, Professionally Responsible, Choices, Alan Lerner
All Faculty Scholarship
Throughout our lives, below the level of our consciousness, each of us develops values, intuitions, expectations, and needs that powerfully affect both our perceptions and our judgments. Placed in situations in which we feel threatened, or which implicate our values, our brains, relying on those implicitly learned, emotionally weighted, memories, may react automatically, without reflection or the opportunity for reflective interdiction. We can "downshift," to primitive, self-protective problem solving techniques. Because these processes operate below the radar of our consciousness, automatic, "emotional" reaction, rather than thoughtful, reasoned analysis may drive our responses to stressful questions of ethics and professional responsibility.
Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller
Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller
All Faculty Scholarship
The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …
An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
All Faculty Scholarship
Critical theory is important in live-client clinical teaching as a means to achieve the pedagogical goals of clinical education. Feminist legal theory, critical race theory, and poverty law theory serve as useful frameworks to enable students to deconstruct assumptions they, persons within institutions, and broader society make about the students' clients and their lives. Critical theory highlights the importance of looking for both the "obvious and non-obvious relationships of domination." Thus, critical theory informs students of the presence and importance of alternative voices that challenge the dominant discourse. When student attorneys ignore or are unaware of such voices, other voices …
Ignacio Gomez Palacio, With A Note In My Hand (El Pagaro En La Mano), Garrett Epps
Ignacio Gomez Palacio, With A Note In My Hand (El Pagaro En La Mano), Garrett Epps
All Faculty Scholarship
No abstract provided.
Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo
Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo
All Faculty Scholarship
In keeping with the Symposium theme, "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. Specific topics include the erosion of employer-sponsored health insurance, continuation of private coverage under COBRA and HIPAA, public health care programs, physician incentives, the uninsured and access to care and legal remedies for claim denial. This essay builds …
The Five Stages Of Law Review Submission, Brannon P. Denning, Miriam A. Cherry
The Five Stages Of Law Review Submission, Brannon P. Denning, Miriam A. Cherry
All Faculty Scholarship
"The Five Stages of Law Review Submissions," is a humorous look at the law review submissions process from the author's perspective. My colleague Miriam Cherry and I suggest that the process of submitting to law reviews tracks Elisabeth Kubler-Ross's "five stages of grief."
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
All Faculty Scholarship
Despite dramatic technological change, the thick, attractively bound casebook remains ensconced as the written centerpiece of legal education. That will soon change - but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an open source approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such …
Approaches To Brown V. Board Of Education: Some Notes On Teaching A Seminal Case, Joel K. Goldstein
Approaches To Brown V. Board Of Education: Some Notes On Teaching A Seminal Case, Joel K. Goldstein
All Faculty Scholarship
During the past year, dozens of American law schools commemorated the
fiftieth anniversary of Brown v. Board of Education.[1] The attention was
appropriate because Brown is one of the Supreme Court’s seminal decisions.
By all appearances, the fiftieth anniversary of Brown attracted much more
attention than did, say, the 200th anniversary of Marbury v. Madison [2] in 2003
or the centennial of Lochner v. New York [3] this year. Brown’s unique
significance resides in part in the fact that it changed America’s constitutional norm regarding race, our most embarrassing and vexing problem. In effectively overturning the doctrine of Plessy v. …
The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff
The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff
All Faculty Scholarship
Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …