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Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …


Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway Dec 2011

Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway

Anna P. Hemingway

In response to the demands of prospective law students, pressure from outside law organizations, and forces from within the legal academy, law schools are offering more skills training for students and more job security for Legal Methods professors. As a result, Legal Methods professors’ primary responsibilities in the legal academy are changing from a single focus of teaching to a dual focus of teaching and scholarship. Although the changes are welcomed, the task of producing scholarship remains especially difficult for Legal Methods professors because in many instances they still lack the necessary funding and time to fulfill this new obligation. …


How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway Dec 2010

How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway

Anna P. Hemingway

Students’ reactions to feedback are intriguing. Why is it that some students resist, and in fact almost resent, receiving suggestions for improving their work while others are grateful and clamor for more help? This short article examines the role of gratitude in legal education. It suggests that students who engage in disciplined optimism, i.e., positive attitude and hard work, are more likely to succeed in law school than students who avoid feedback and self-handicap their efforts.