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University of Michigan Law School

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What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve Jan 2013

What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve

University of Michigan Journal of Law Reform

In this brief essay, I will describe some of what I have learned from Ed Cooper as a fellow participant in the rulemaking process and as a coauthor of two volumes of his Federal Practice and Procedure treatise. To describe everything that Ed has taught me would require much more than the length of this essay. So instead, I will try to offer some representative examples-or, as Ed might say, some "sketches." Because others will discuss Ed's expert guidance of the Rules Committees' consideration of key issues concerning the Civil Rules, my discussion of Ed's scholarship and reporting ...


John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang Jan 2013

John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang

Law Librarian Scholarship

In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part ...


They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica Jan 2013

They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica

University of Michigan Journal of Law Reform

This introduction to the essays in this Symposium illuminates Professor Ed Cooper's years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background. We then describe some of Ed Cooper's many contributions to the Civil Rules Committee, the Federal Rules, rulemaking, and civil procedure by examining the present state of the Rules Committees' work under the Rules Enabling Act. We conclude that after almost eighty years of experience under that Act, it is working well in large part because of the sound leadership provided by Ed ...


Thinking, Big And Small, Stephen B. Burbank Jan 2013

Thinking, Big And Small, Stephen B. Burbank

University of Michigan Journal of Law Reform

Reading Kahneman's book and thinking about a tribute to Ed Cooper that has more substance than a bouquet have caused me to reflect on a phenomenon within the world of legal scholarship. I would call it a cognate phenomenon, but that would dishonor the empirical basis of Kahneman's work by suggesting a firmer basis for my reflections than the power of analogical reasoning. The phenomenon is the view that the goal of legal scholarship is or should be big ideas, particularly if they can claim the mantle of theory, rather than small ideas, particularly if they can be ...


Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler Jan 2013

Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler

University of Michigan Journal of Law Reform

Nobody had a greater impact on the formulation of the original Civil Rules than Clark. His role as both the principal architect2 and the principal draftsman3 of the Civil Rules is well known. As Professor Wright once put it, although the Civil Rules were a joint effort, "the end product bears the unmistakable Clark stamp."4 But Clark started shaping the Civil Rules even before drafting began.5 Initially, Chief Justice Hughes thought the civil rules project should be limited to creating rules for actions at law (leaving in place-and separate-the existing equity rules).6 A passionate advocate for merging ...


Iron Man Of The Rules, Patrick E. Higginbotham Jan 2013

Iron Man Of The Rules, Patrick E. Higginbotham

University of Michigan Journal of Law Reform

To grasp Professor Cooper's contribution to rulemaking, it is helpful to review issues that the Advisory Committee confronted during his tenure. I will focus on the first four of his twenty years of service.


Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller Jan 2013

Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller

University of Michigan Journal of Law Reform

My entry into the world of federal rulemaking was one of those unpredictable but welcome fortuities of life. In early 1961, more than a half century ago, I was a happy and progressing associate in a prominent medium-sized, Wall Street, New York City law firm.1 Columbia Law School approached me to be the Associate Director of its newly formed Project on International Procedure. They dangled several attractive incentives: I could try my hand at teaching some civil procedure;2 hobnob with the giants of the Columbia faculty, like Herb Wechsler, Walter Gellhorn, Maury Rosenberg, and Jack Weinstein; and take ...


Craig Callen: Tributes From The Evidence Community, Richard D. Friedman Dec 2011

Craig Callen: Tributes From The Evidence Community, Richard D. Friedman

Articles

At the wonderful memorial service for Craig Callen held at MSU shortly after his death in April, I had the honor, by reason of proximity, to appear in effect as the representative of nationwide, and even worldwide, community of scholars that has felt his death very deeply. I am grateful for the opportunity to perform this same function in print.


Scholarship As Contribution To World Peace, John H. Jackson Oct 2011

Scholarship As Contribution To World Peace, John H. Jackson

Michigan Journal of International Law

Eric Stein was clearly one of the important legal scholars of our time. I enjoyed him as a colleague for more than three decades, and remained a friend afterward although we were separated by distance. Eric was truly dedicated to his scholarship, which was broadly concerned with international law and how it operates, but perhaps most significant to his legacy was his deep interest and personal involvement in the extraordinary beginnings and ongoing evolution of the European Union.


Tribute To Eric Stein, Bruno Simma Oct 2011

Tribute To Eric Stein, Bruno Simma

Michigan Journal of International Law

My first encounter with Eric dates back forty years. In 1971 he taught a course at the Hague Academy of International Law. At that time, I was an assistant lecturer at the University of Innsbruck, had just submitted my Habilitationsschrift to the Law Faculty there, and, while waiting for my venia legendi to come forward, I wanted to spend a few weeks at what was-and probably still is-the most exciting place for young international law scholars to get together with hundreds of like-minded individuals and some of the most inspiring teachers worldwide. Eric certainly lived up to my expectation of ...


Memory Of Eric Stein, Carl A. Valenstein Oct 2011

Memory Of Eric Stein, Carl A. Valenstein

Michigan Journal of International Law

My memory of Eric Stein is of a teacher and mentor rather than a colleague. I will leave to others more qualified than I to describe his major contributions to the academic literature and teaching of European Community and public international law. When I entered Michigan Law School as a student in 1980, Eric had "technically" retired or at least transitioned to emeritus status. I say he had "technically" retired because his commitment to the law school community as a writer, teacher, and mentor to students never appeared to diminish. He still taught a number of classes and seminars, wrote ...


Eric Stein, 1913-2011, Joseph Vining Oct 2011

Eric Stein, 1913-2011, Joseph Vining

Michigan Journal of International Law

Eric kept all of us on the faculty from feeling our age. He was interested in us all to the very end. I am seventy-three, which I find hard to believe every time I think of it, but I always knew during our forty-two years of friendship and working together that I could have been Eric's son. As time has passed, a larger and larger number of the faculty could have been my sons and daughters and Eric's grandsons and granddaughters--certainly you can't be a grandchild without feeling young somewhere inside yourself.


University Of Michigan Law School Faculty, 2011-2012, University Of Michigan Law School Jan 2011

University Of Michigan Law School Faculty, 2011-2012, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Tribute: Dores Mccrary Mccree, David L. Chambers Jan 2011

Tribute: Dores Mccrary Mccree, David L. Chambers

Articles

Dores McCree made your day a little better whenever she walked into a room. When you talked with her, you knew her goal was simply to enjoy your company, not to get something out of you, and not to show herself off. She was good at talking and good at listening. She'd cock her head slightly and ask questions to which she really cared about the answers. On more than one occasion, I had to jockey with others to be able to sit with her at a dinner.


Eric Stein, Theodore J. St. Antoine Jan 2011

Eric Stein, Theodore J. St. Antoine

Articles

Eric Stein was one of the wisest, shrewdest, most broadly knowledgeable, and most benign human beings I have ever known. Since others can speak more authoritatively about Eric's scholarship and his contributions to international law, I am going to concentrate on him personally and on his relationships with his Michigan Law School colleagues.


Dores Mccree, Theodore J. St. Antoine Jan 2011

Dores Mccree, Theodore J. St. Antoine

Articles

Dores McCree had an unusual combination of great qualities. She was totally dedicated to her role as a career advisor to students at the Law School and relentlessly persistent in pursuing opportunities for them among her large, nationwide group of lawyer friends. Yet she could be very hard-headed and realistic in appraising the qualifications of an individual candidate for a particular position. "John or Mary," she would say in that warm, disarming, and totally persuasive voice of hers, "I just don't think that job is the right fit for you. Let's find something better."


University Of Michigan Law School Faculty, 2010-2011, University Of Michigan Law School Jan 2010

University Of Michigan Law School Faculty, 2010-2011, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


In Memoriam: David P. Leonard, Richard D. Friedman Jan 2010

In Memoriam: David P. Leonard, Richard D. Friedman

Articles

In all significant respects but longevity, David Leonard was - and I am confident that he believed himself to be - a lucky man. Saddened as I am that our association was cut so terribly short, I feel lucky that we had it for as long as we did. And I am sure that his family, his students, his colleagues, and those in the wider legal world who were graced not only by his wisdom but also by his essential goodness, feel the same way.


The Filaments Of The Vicarious, Jospeh Vining Jan 2010

The Filaments Of The Vicarious, Jospeh Vining

Articles

Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and ...


Charles Evans Hughes, Richard D. Friedman Jan 2009

Charles Evans Hughes, Richard D. Friedman

Book Chapters

Hughes, Charles Evans (1862-1948). Lawyer, politician, diplomat, and chief justice of the United States. Hughes was born in Glens Falls, N.Y., the son of a Baptist preacher from the English- Welsh border country who changed congregations from time to time. Young Hughes spent his earliest years in several locations in New York and New Jersey before the family settled in Brooklyn. A precocious child, he was educated both at home and in public school. At age 14, he began college at Madison (now Colgate) University, a Baptist institution. After his sophomore year, he transferred to Brown, which also had ...


John Henry Wigmore, Richard D. Friedman Jan 2009

John Henry Wigmore, Richard D. Friedman

Book Chapters

Wigmore, John Henry (1863-1943). Law professor and dean. Wigmore was born and reared in San Francisco. His parents were both immigrants, his mother from England and his father, of English heritage, from Ireland. Harry, as he was known familiarly, was the oldest and most favored of his extraordinarily doting mother's seven children. The family was prosperous - his father had an importing business - and Harry was educated principally in private schools. He then attended Harvard College, prompting the mother to move the family to Massachusetts to be close to him. After graduating in 1883, he spent a brief interlude in ...


Owen J. Roberts, Richard D. Friedman Jan 2009

Owen J. Roberts, Richard D. Friedman

Book Chapters

Roberts, Owen Josephus (1875-1955). Lawyer and U.S. Supreme Court justice. Roberts was born in Philadelphia and graduated from the University of Pennsylvania in 1895 and from its law school in 1898. He taught there part-time beginning almost immediately until 1919, reaching the rank of full professor in 1907. While operating a profitable dairy farm, Roberts practiced law privately, punctuated by a three-year stint beginning in 1901 as first assistant district attorney of Philadelphia County. Tall and robust, he made a striking figure in both classroom and courtroom.


Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott Jan 2009

Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Book Chapters

Sidney Mintz’s Worker in the Cane is a model life history, uncovering the subtlest of dynamics within plantation society by tracing the experiences of a single individual and his family. By contrast, Mintz’s Sweetness and Power gains its force from taking the entire Atlantic world as its scope, examining the marketing, meanings, and consumption of sugar as they changed over time. This essay borrows from each of these two strategies, looking at the history of a single peripatetic family across three long-lived generations, from enslavement in West Africa in the eighteenth century through emancipation during the Haitian Revolution ...


University Of Michigan Law School Faculty, 2009-2010, University Of Michigan Law School Jan 2009

University Of Michigan Law School Faculty, 2009-2010, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


I Remember Professor Wechsler, Yale Kamisar Jan 2009

I Remember Professor Wechsler, Yale Kamisar

Articles

This year marks the one hundredth anniversary of the birth of Professor Herbert Wechsler, one of the greatest criminal law scholars in American history. When I first met Professor Wechsler (in the spring of 1951, in my first year of law school), I was struck by how old he seemed at the time and how young he actually was (forty-two). One reason he appeared to be much older than his age was that he was such a stem, imposing figure. Another reason was that he had already accomplished so much. At the age of twenty-eight, he had co-authored (with his ...


In Memoriam: Professor Richard E. Speidel; 1933-2008, James J. White Jan 2009

In Memoriam: Professor Richard E. Speidel; 1933-2008, James J. White

Articles

I first met Dick Speidel in 1968 when he, Bob Summers, and I started work on the first edition of our Commercial Transactions casebook. Work on the several editions of that casebook was the excuse for many wonderful, bibulous meetings in Charlottesville, Ithaca, and Ann Arbor. Those meetings were filled with exuberant debate in which Dick always favored the underdog. Only grudgingly did Bob and I succumb to Dick's insistence that we include a new topic called "consumer law"; I am certain that we forced Dick to swallow many formalist cases and rightwing notes, but he was too charitable ...


Frank Allen: An Appreciation, Richard Lempert Dec 2008

Frank Allen: An Appreciation, Richard Lempert

University of Michigan Journal of Law Reform

Francis Allen was the Dean who hired me. First deans are, in their own way, as memorable as first kisses; they set expectations for all that follows. The expectations that Frank Allen set were high indeed. In this young professor's mind (I was 24 when I received my offer; 25 when I joined the faculty) he embodied what I still regard as the two most important academic virtues: scholarship and decency. These virtues combined to make him, at the time he accepted the Michigan deanship, perhaps the nation's most powerful voice for criminal justice reform and the country ...


University Of Michigan Law School Faculty, 08/09, University Of Michigan Law School Jan 2008

University Of Michigan Law School Faculty, 08/09, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


The Articulate Frank Allen, James J. White Jan 2008

The Articulate Frank Allen, James J. White

Articles

Frank Allen had all of the wonderful talents that Ted St. Antoine and Rick Lempert ascribe to him. He was exceptionally smart and thoughtful (no one gets to give those fancy lectures who is not). He was a wise man (he led the faculty through the tough times at the end of the Vietnam War). And he was compassionate but tough as nails (he favored affirmative action, but was willing to close down the BAM affirmative action disruption with police if necessary-Frank's statement of his intention to call the police after the law school classes were disrupted forced the ...


Discovering William Cook: Ten Sources For Reconstructing The Life Of A Lawyer, Margaret A. Leary Jan 2008

Discovering William Cook: Ten Sources For Reconstructing The Life Of A Lawyer, Margaret A. Leary

Articles

Ms. Leary uses a case study to describe ten categories of resources for reconstructing a Manhattan lawyer's life. These resources answer questions about his law practice, scholarship, personal life, personality, values, and philanthropy. The case study uses today's resources to look far back into the details of the life of William W. Cook, who gave his fortune to the University of Michigan Law School.