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Full-Text Articles in Law

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss Jul 2015

Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss

Andrew P. Morriss

The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …


Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss Jul 2015

Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss

Andrew P. Morriss

The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …


A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho Dec 2013

A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho

Jeremiah A. Ho

Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.


Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver Jun 2013

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Marjorie A. Silver

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.


Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis May 2011

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

Peter L. Davis

Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …


Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard Jan 2011

Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard

Steve Sheppard

In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants the right to fair trials with impartial judges. Judges should recuse themselves from cases that involve conflicts of interest, which may result in partiality from the bench. However, judges do not always opt for recusal, even when their impartiality is in question. In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), the Court evaluated West Virginia Supreme Court Justice Brent Benjamin’s decision not to disqualify himself from a case involving a litigant who made large contributions to his election …


Teach Justice, Steve Sheppard Jan 2008

Teach Justice, Steve Sheppard

Steve Sheppard

Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on preparing students to analyze legal issues but not ethical issues. A curriculum that encourages students to distance themselves from their ethical instincts is dangerous. A value-neutral approach to the law eventually leads to distortions of the law. Lawyers will be left without a proper way to sense the purpose behind the law, and they will instead focus solely on what the law requires or allows. While law schools could choose from limitless lists of moral values to include in their curricula, this …


Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard Jan 2005

Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard

Steve Sheppard

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …


An Explicit Connection Between Faith And Justice In Catholic Legal Education: Why Rock The Boat?, Amelia J. Uelmen Jan 2004

An Explicit Connection Between Faith And Justice In Catholic Legal Education: Why Rock The Boat?, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.