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Articles 91 - 120 of 183
Full-Text Articles in Law
Breaking Into The Academy: The 1998-2000 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Breaking Into The Academy: The 1998-2000 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Michigan Journal of Race and Law
I was not very far into my law school experience when I realized that my professors had the best job in town-it took me quite a bit longer to discover that I, too, could get in on the deal. Do not misunderstand me-being a law professor is not easy. In fact, when done correctly, the job requires a tremendous amount of intellectual energy, emotional commitment, long hours, and hard work. However, if you enjoy writing, research, public speaking, and developing mentoring relationships, being a law professor could be the career for you. This Article, and the listings of helpful organizations …
Focus On Faculty, Richard D. Friedman
Focus On Faculty, Richard D. Friedman
Other Publications
Professor Richard Friedman talks about his scholarship and work.
Holmes' Failure, Louise Weinberg
Holmes' Failure, Louise Weinberg
Michigan Law Review
I have just set down the March 1997 Harvard Law Review, with its centennial celebration of Oliver Wendell Holmes' The Path of the Law. The Path of the Law is a grand thing, in my view Holmes' best thing. But just the same, I find myself surprised that on this occasion none of its celebrants raised what has always seemed to me a weakness of the piece, and of Holmes' much earlier book, The Common Law. This is a weakness that is at once a reflection and a forecast of the failure of its author. Writers today do seem to …
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
Articles
It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …
Tribute To Jerry Israel, Jeffrey S. Lehman
Tribute To Jerry Israel, Jeffrey S. Lehman
Michigan Law Review
A Tribute to Jerry Israel
Random Thoughts By A Distant Collaborator, Wayne R. Lafave
Random Thoughts By A Distant Collaborator, Wayne R. Lafave
Michigan Law Review
A Tribute to Jerry Israel
A Tribute To Jerry Israel: A Friend With A Messy Office, Debra Ann Livingston
A Tribute To Jerry Israel: A Friend With A Messy Office, Debra Ann Livingston
Michigan Law Review
A Tribute to Jerry Israel
A Tribute To Professor Jerold Israel--My Teacher, My Co-Author, My Good Friend, Paul D. Borman
A Tribute To Professor Jerold Israel--My Teacher, My Co-Author, My Good Friend, Paul D. Borman
Michigan Law Review
A Tribute to Jerry Israel
Breaking Into The Acadamy: The 1996-97 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Breaking Into The Acadamy: The 1996-97 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Michigan Journal of Race and Law
I was not very far into my law school experience when I realized that my professors had the best job in town-it took me quite a bit longer to discover that I, too, could get in on the deal. Do not misunderstand me-being a law professor is not easy. In fact, when done correctly, the job requires a tremendous amount of intellectual energy, emotional commitment, long hours, and hard work. However, if you enjoy writing, research, public speaking, and developing mentoring relationships, being a law professor could be the career for you. This Article, and the listings of helpful organizations …
Is International Law Fair?, Gerry J. Simpson
Is International Law Fair?, Gerry J. Simpson
Michigan Journal of International Law
Review of Fairness in International Law and Institutions by Thomas M. Franck
Faculty Spotlight, Michael Heller
Faculty Spotlight, Michael Heller
Other Publications
Professor Michael Heller talks about his teaching and research.
Bouquets For Jerry Israel, Yale Kamisar
Bouquets For Jerry Israel, Yale Kamisar
Articles
As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.
On Becoming A Law Professor, Terrance Sandalow
On Becoming A Law Professor, Terrance Sandalow
Articles
Thirty-five years ago, when I first joined a law faculty, only one job description existed for law professors, that for the conventional classroom teacher. In the years since, the opportunities available to lawyers interested in teaching have become a bit more varied. In addition to conventional classroom teachers, a growing number of law teachers are employed by law schools to provide what I shall somewhat misleadingly call clinical instruction.1 Although these comments are addressed mainly to men and women interested in classroom teaching, a few lines about clinical teaching may be in order because the initial question for anyone considering …
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Michigan Journal of International Law
In Section I of this article, I will describe the events that led to the current controversy. In Section II, I will discuss whether the content of historic documents can be classified as cultural property. In Section III, I will consider whether control of the content of these documents interferes with intellectual freedom. In Section IV, I will discuss the intellectual property arguments raised by owners and interpreters of the Scrolls. Finally, in Section V, I will propose standards for access to, and preservation of, historic documents.
Plus Ҫa Change, Paul Brest
Plus Ҫa Change, Paul Brest
Michigan Law Review
Harry Edwards and I both finished law school in 1965, and his article presents an occasion to consider how much the legal academy has changed during the intervening years. Animating Judge Edwards' complaints about the contemporary legal academy is a nostalgia for happier days. His images are of decline - of a growing disjunction between the academy and practice, of law schools' abandoning their proper missions, of their movement toward pure theory. My own view is quite different. Except for some noteworthy demographic transformations and a healthy broadening of the academic agenda, legal education has changed little during these almost …
The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest
The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest
Michigan Law Review
This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue, …
Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson
Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson
Michigan Law Review
I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.
Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon
Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon
Michigan Law Review
The Judge seems to be arguing that both teachers and firm lawyers have been seduced from their real vocation by the fatal attraction of neighboring cultures: the practitioners by the commercial culture of their business clients, the academics by the disciplinary paradigms and prestige of theory in the rest of the university. The "deserted middle ground" is the ground of professional practice - practical, yet also public-minded. Perhaps without straining his thesis too far we could ascribe to Judge Edwards a "republican" view of the legal profession, in which legal scholars, practitioners, judges, legislators, and administrators - despite their separate …
Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse
Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse
Michigan Law Review
I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my …
Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds
Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds
Michigan Law Review
Judge Edwards divides his analysis of the cause of the crisis in ethical lawyering into an overview and three parts. The overview and first two parts deal mainly with the role of law schools and legal curriculum in what he views as the deterioration of responsible, capable practitioners. This article takes issue with some of the assumptions, analyses, and conclusions those sections contain. The third part of Edwards' article analyzes the role of law firms in causing that same deterioration. This article agrees with and will elaborate upon that part of Edwards' treatment.
We approach Judge Edwards' article, we hope, …
The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak
The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak
Michigan Law Review
With characteristic vigor, Judge Harry Edwards, in his essay The Growing Disjunction Between Legal Education and the Legal Profession, has censured the law schools and, secondarily, the bar, for what he sees as profoundly disturbing trends pulling academics and practitioners farther and farther apart. Judge Edwards' censure is not proffered off the cuff. He has carefully polled his former law clerks on their perceptions of their law school years and of their postclerkship professional experiences - whether in private practice, in government, or in teaching. In the text and footnotes of his essay, Judge Edwards quotes his law clerks' …
Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen
Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen
Michigan Law Review
I agree with Judge Edwards that "the lawyer has an ethical obligation to practice public interest law - to represent some poor clients; to advance some causes that he or she believes to be just." I also concur in Judge Edwards' opinion that "[a] person who deploys his or her doctrinal skill without concern for the public interest is merely a good legal technician - not a good lawyer."
Rather than further develop Judge Edwards' theme that lawyers have a professional responsibility to do pro bono work, I will offer another rationale for such work, grounded in professional and individual …
Intellectual History, Probability, And The Law Of Evidence, Peter Tillers
Intellectual History, Probability, And The Law Of Evidence, Peter Tillers
Michigan Law Review
A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro
Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel
Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel
Articles
Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.
The Scholar As Advocate, Rebecca S. Eisenberg
The Scholar As Advocate, Rebecca S. Eisenberg
Articles
Academic freedom in this country has been so closely identified with faculty autonomy that the two terms are often used interchangeably, especially by faculty members who are resisting restraints on their freedom to do as they please. While there may be some dispute as to whether or how far academic freedom protects the autonomy of universities or of students, the autonomy of faculty members seems to lie close to the core of the traditional American conception of academic freedom. As elaborated by the American Association of University Professors, this conception of academic freedom calls for protecting individual faculty members from …
Law Teachers' Writing, James Boyd White
Law Teachers' Writing, James Boyd White
Michigan Law Review
Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …
Harry Edward's Nostalgia, Paul D. Reingold
Harry Edward's Nostalgia, Paul D. Reingold
Articles
Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …
Letter To Judge Harry Edwards, James J. White
Letter To Judge Harry Edwards, James J. White
Articles
Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Michigan Law Review
A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky
Roman Law As A Political Agenda, Mathias Reimann
Roman Law As A Political Agenda, Mathias Reimann
Michigan Law Review
A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman