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Full-Text Articles in Law
Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe
Sociology: Student Scholarship & Creative Works
Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Cleveland State Law Review
This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.
Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West
Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West
Utah Law Faculty Scholarship
This is a transcript of the proceedings of the Conference on the Ethics of Legal Scholarship held at Marquette University Law School on September 15-16, 2017. Topics addressed include (1) what counts as legal scholarship and what is the obligation of neutrality?, (2) the obligations of sincerity, candor, and exhaustiveness, and (3) the mechanisms of legal scholarship, especially law reviews and the issues they create. The conference's working aim was to generate and propose a set of ethical guidelines for legal scholarship.
Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz
Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz
Marquette Law Review
None
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
Marquette Law Review
None
The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville
The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville
Marquette Law Review
None
The Ethics Of Normative Legal Scholarship, Robin West
A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald
A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald
Marquette Law Review
None
The Scholar's Dilemma, Chad Oldfather
Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton
Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton
Marquette Law Review
None
Conference On The Ethics Of Legal Scholarship
Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick
Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick
Marquette Law Review
None
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry
Journal Publications
Legal scholars have filled books, treatises, magazines, journals and law reviews with various writings ranging from highly intricate and complex theses to oversimplified and homogenous explanations. In all its forms, legal scholarship has been both touted and taunted by external and internal critics throughout the years. Some suggest that legal scholarship should holistically "frame recommendations to responsible decision makers," and more specifically "help the reader understand law." Others suggest that it should be used to bring "restraint, proportion, perspective and atmosphere" into the legal landscape and society at large. Whatever its stated purpose and whether it be doctrinal, descriptive or …
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Legal Scholarship, Humility, And The Scientific Method, David J. Herring
Legal Scholarship, Humility, And The Scientific Method, David J. Herring
Articles
This essay responds to the question of What next for law and behavioral biology? by describing an approach to legal scholarship that relies on the scientific method. There are two steps involved in this approach to legal scholarship. First, the legal scholar must become familiar with an area of scientific research that is relevant to the development of law and policy. (This essay uses behavioral biology research as an example.) Second, the legal scholar must seek and form relationships across disciplines, becoming an active member of a scientific research team that conducts studies relevant to particular issues of law and …
Towards A New Scholarship For Equal Justice, James S. Liebman
Towards A New Scholarship For Equal Justice, James S. Liebman
Faculty Scholarship
Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
Faculty Scholarship
Class action abuse is a particularly interesting area in which to explore both when and why law might fail to affect lawyer conduct and the complexity of the lawyer-entity relationship. By class action abuse, we have in mind three related problems: collusive settlements, inadequate representation of class interests, and payoffs to objectors and their counsel. The law condemns collusive settlements and the lawyers who make them.20 It demands that class counsel adequately represent the class.21 Paying objectors and their counsel to drop their challenges to class settlements is, at best, legally questionable behavior and, at worst, evidence of …
The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem
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 …