Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Low Cost Alternatives For Legal Research: Using Casemaker And Loislaw, Emily Janoski-Haehlen Apr 2011

Low Cost Alternatives For Legal Research: Using Casemaker And Loislaw, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Clarion Call Or Sturm Und Drang: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, David R. Cleveland Jan 2011

Clarion Call Or Sturm Und Drang: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, David R. Cleveland

Law Faculty Publications

No abstract provided.


Precedent And Justice, William D. Bader, David R. Cleveland Jan 2011

Precedent And Justice, William D. Bader, David R. Cleveland

Law Faculty Publications

Precedent is the cornerstone of common law method. It is the core mechanism by which the common law reaches just outcomes. Through creation and application of precedent, common law seeks to produce justice. The appellate courts' practice of issuing unpublished, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has centered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as nonprecedential tears …


Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance Jan 2011

Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance

Law Faculty Publications

No abstract provided.