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Full-Text Articles in Law

Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann Sep 1995

Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann

Faculty Scholarship

The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.1 A slight scratch on the surface of doctrines as disparate as official …


Reflections Of Irac, Chris Iijima, Beth Cohen Jan 1995

Reflections Of Irac, Chris Iijima, Beth Cohen

Faculty Scholarship

The Authors discuss IRAC as a tool to help students provide structure to legal analysis. Students use this tool not only in writing objective and persuasive memos and briefs, but also in writing answers to examination questions. The Authors give their comments, highlighted by the “Point/Counterpoint,” which present a wide range of views on the efficacy of this tool.


Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen Jan 1995

Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen

Faculty Scholarship

The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.


Learning By Doing - Preparing Law Students For The Practice Of Law: The Legal Practicum, John O. Sonsteng, Roger S. Haydock Jan 1995

Learning By Doing - Preparing Law Students For The Practice Of Law: The Legal Practicum, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

The MacCrate Report outlined ten skills that are essential for every practicing attorney and should ideally be taught in every law school. The Association of American Law Schools (AALS) concluded that these ten skills cannot be effectively obtained through every law school curriculum because of each school's individual, economic limitations. This article demonstrates how one law school—William Mitchell College of Law, in St. Paul, Minnesota—has , since 1984, incorporated a cost effective Legal Practicum course into its curriculum to help meet the MacCrate Report goal of providing the law student with the opportunity to learn and apply fundamental lawyering skills. …


Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski Jan 1995

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …


Babies, Bathwater, And Law Reviews, Leo P. Martinez Jan 1995

Babies, Bathwater, And Law Reviews, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Our Perspective On Irac, Christina L. Kunz, Deborah A. Schmedemann Jan 1995

Our Perspective On Irac, Christina L. Kunz, Deborah A. Schmedemann

Faculty Scholarship

In this brief article, the authors present their view of IRAC, an acronym for Issue, Relevant law, Application to facts, and Conclusion. The authors conclude that IRAC can be taught so that students understand not only why it is useful as a thinking and writing tool, but also that proper use of it requires judgment and creativity. When IRAC is presented this way, the authors assert, it can serve first-year students well as they study legal writing. And they will operate accordingly, even without being aware of its influence, during their years as practicing lawyers.