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Articles 1 - 10 of 10
Full-Text Articles in Law
Judges Behaving Badly . . . Then Slinking Away, Maureen Carroll
Judges Behaving Badly . . . Then Slinking Away, Maureen Carroll
Reviews
A federal judge is accused of misconduct and an investigation begins. Before the investigation has concluded, though, the judge leaves her post. What happens next? Does it create an accountability gap, and if so, how much should that concern us? These are the questions that Veronica Root Martinez takes up in Avoiding Judicial Discipline.
Incorporating Social Science Into Criminal Defense Practice, Eve Brensike Primus
Incorporating Social Science Into Criminal Defense Practice, Eve Brensike Primus
Articles
In recent decades, social scientists have created a treasure trove of empirical and sociological data that defenders can and should use to help their clients. Evidence rules, criminal law, and criminal procedure are filled with concepts informed by social science. When is evidence likely to unfairly prejudice a defendant in the eyes of a jury? Do police interact differently with members of minority populations and how should that inform concepts of reasonableness? How easy or difficult is it for people to identify individuals they see during high-stress criminal episodes? How effective are police interrogation tactics at getting at the truth …
Numbers, Patrick Barry
Numbers, Patrick Barry
Articles
Numbers can be numbing. Depend too much on them to make your case, pitch your product, or tell your story, and you risk losing your audience. This essay offers a way to way to use numbers—both large and small—in a manner that is at once more compelling and more concrete.
Errors And Insights, Patrick Barry
Errors And Insights, Patrick Barry
Articles
In Seeing What Other's Don't, the psychologist Gary Klein suggests that only focusing on reducing errors limits our ability to improve. We also need to spend time increasing insights. This short essay applies Klein's approach to writing and editing.
Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt
Resources For Foreign, Comparative, And International Legal Research, Kate E. Britt
Law Librarian Scholarship
In our increasingly globalized world, a legal issue outside of American domestic law can pop up in a variety of circumstances. Commercial transactions, marriage and custody issues, immigration statuses, and more may involve the law of another nation or be governed by an international treaty. This article outlines some resources to help you tackle foreign, comparative, and international legal issues, whenever they arise.
How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky
How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky
Articles
I’ll admit it: I was afraid to try peer review in my Legal Practice class. I’ve been teaching legal analysis, writing, and research for 17 years. I know all of the benefits of peer review. I’ve read plenty of scholarship about why and how to do it well. I have space in my syllabus to incorporate it into my teaching. But I’ve been reluctant. I worried that students would be averse to sharing their work with a classmate. I worried that the exercise would embarrass students who felt self-conscious about their writing. And I worried that the truly excellent writers …
Rhetorical Repetition, Patrick Barry
Rhetorical Repetition, Patrick Barry
Articles
When it comes to persuading judges, boardrooms, or even just co-workers, many lawyers shy away from repetition. They remain committed to the idea, often developed in college, that good writing is associated with having (and showing) a big vocabulary. They mistakenly think the best thesaurus wins. This essay explores that error and offers ways to correct it.
Acknowledgements As A Window Into Legal Academia, W. Nicholson Price Ii, Jonathan Tietz
Acknowledgements As A Window Into Legal Academia, W. Nicholson Price Ii, Jonathan Tietz
Law & Economics Working Papers
Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law-review articles to probe the nature of legal knowledge co-production and de facto peer review in legal literature. Using a survey of authors and editors and a textual analysis of approximately thirty thousand law-review articles from 2008 to 2017, we examined the nature of …
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Reviews
Andrew Coan’s book, Rationing the Constitution, offers a novel account of the forces that drive Supreme Court decisions across a wide array of highly controversial, vitally important areas of law. The project is ambitious. It endeavors to improve our understanding of forces that constrain the form and, ultimately, the substance of our constitutional law along each of its major axes: federalism, the separation of powers, and individual rights. I think it succeeds. The book’s central claim—that familiar (but underexplored) institutional constraints and background norms sharply limit the range of choices available to the Court when it is called upon to …
The Restatements And The Rule Of Law, Kristina Daugirdas
The Restatements And The Rule Of Law, Kristina Daugirdas
Book Chapters
This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the …