Law Commons^™

Mechelle King ’21: Reflections On The Fall 2020 Semester, Mechelle King

Law School Personal Reflections on COVID-19

No abstract provided.

Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock

All Faculty Scholarship

In this contribution to a symposium on "Legal Realism and Legal Doctrine," I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.

Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately be …

A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron

Faculty Journal Articles and Book Chapters

This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …

A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik S. Knutsen, Carla Crifo', Camille Cameron

Articles, Book Chapters, & Popular Press

This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …

The Role Of Practice In Legal Education, Richard J. Wilson

Working Papers

This document is one of several general reports presented at the 18th International Congress on Comparative Law, held in Washington, DC in July 2010. The report covers the topic of The Role of Practice in Legal Education, and includes the text of the general report, as well as the original questionnaire to national reporters and two charts, one on general law school organization and one on how practice is taught in the legal academy. The report synthesizes information received from the reporting countries - Australia, Belgium, Canada (Quebec Province), Czech Republic, England and Wales, France, Germany, Greece, Hungary, Ireland, Italy, …

American Moment[S]: When, How, And Why Did Israeli Law Faculties Come To Resemble Elite U.S. Law Schools?, Pnina Lahav

Faculty Scholarship

Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example (Continental and British). Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of a shift away from U.S. influence and back to Continental Europe or even Asia. The Article …

Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner

All Faculty Scholarship

This address has three principal points: (1) An overview of how we are going about internationalizing the law school curriculum today in the United States; (2) Whether we are making as much progress as we should and how learning from others is central to sustaining our progress such as it is; and (3) What some of the obstacles to such learning are.

Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley

Faculty Scholarship

The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law …

Incorporating Transnational Materials Into Traditional Courses, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Faculty Scholarship

To start, I'd like you to imagine an agglomeration of twenty to thirty jurisdictions experiencing a profound change in the nature of their economic realities. Their economies, and thus the transactions within them and the businesses that conduct them, have been predominantly local in character. Now, political and economic developments are producing businesses and transactions increasingly trans-jurisdictional in character. Increasingly the counseling, drafting, and litigating that goes on in lawyers' offices involves not one jurisdiction but two or three. What happens to legal education?

As the United States emerged from the Civil War and a truly national economy began to …

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Scholarly Works

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …

Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

Address the problem of comparative law in the United States. Explains why comparative law matters. Gives reasons why U.S. lawyers are not learning from comparative law. These include lack of skills, lack of institutional supports, and legal structures that resist comparative law and an attitude that comparative law has little to teach.

A Response To Mathias Reimann: More, More, More But Real Comparative Law, Nora V. Demleitner

Scholarly Articles

None available.

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.

Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley

Scholarly Works

Comparative law is much more than “matching laws.” Professor Grossfield’s short, lively book will certainly awaken its German reader to the value, indeed necessity, of comparative law and comparative insights in his or her own practice or scholarly work. This, he aims at the skeptic who may think of comparative law or foreign legal systems as arcane and useless fluff, too luxurious for the hard working “practical-minded” practitioner. Professor Grossfield throws the cold water of realization into this skeptic’s face. The message being that considering comparative approaches and theory about similar problems may indeed be as practical as one can …

The Universal And The Particular In Legal Discourses, George P. Fletcher

Faculty Scholarship

My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.

Comparative Law And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Comparative Law: Cases, Text, Materials By R. B. Schlesinger, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

A Law Teacher's Tour Around The World, Jerome Hall

Articles by Maurer Faculty

No abstract provided.