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Articles 1 - 30 of 190
Full-Text Articles in Law
Ssrn’S Impact On Citations To Legal Scholarship And How To Maximize It, Rob Wiley, Melanie Kanpp
Ssrn’S Impact On Citations To Legal Scholarship And How To Maximize It, Rob Wiley, Melanie Kanpp
University of Arkansas at Little Rock Law Review
No abstract provided.
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Washington and Lee Law Review
This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes …
Closing The Gates To Racial Parity: Venture Philanthropy’S Perpetuation Of Racial Disparities In The Educational Sphere, Lauren Silk
University of Miami Race & Social Justice Law Review
In the decades-long rise of neoliberalism, venture philanthropy has emerged as a respected solution towards addressing reforms to public education. Private foundations such as the Bill and Melinda Gates Foundation have led the charge for education development in the United States. However, the infusion of private donations and adoption of business models to a public good have not improved educational outcomes. This article addresses the role of venture philanthropy in reinforcing racial and economic disparities in educational resources and attainment through the lens of Gates Foundation initiatives. Specifically, the article dissects the role of neoliberalism in crafting education policies through …
Sb 47: Eligibility Expansion For The Georgia Special Needs Scholarship Program, Saskia Olczak, Baker Swain
Sb 47: Eligibility Expansion For The Georgia Special Needs Scholarship Program, Saskia Olczak, Baker Swain
Georgia State University Law Review
The Act expands the eligibility requirements for the Georgia Special Needs Scholarship Program. The Act removes the requirement of having to reside in Georgia for one year before becoming eligible for the Scholarship. Further, the Act requires the Georgia Department of Education to conduct annual surveys of parents whose children participate in the Scholarship to increase transparency and facilitate budget allocation.
Taking The Rule Of Law Seriously, Michele Cotton
Taking The Rule Of Law Seriously, Michele Cotton
University of Massachusetts Law Review
American legal scholars and jurists have given the rule of law their sustained attention, and the international community has treated it as an important measure of societal well-being. But still the rule of law is not taken seriously. For one thing, little effort has been made to craft a definition of the rule of law that is actually useful. And even when legal scholarship does try at empiricism that could illuminate the vitality of our rule of law, it generally starts from the wrong hypotheses and uses the wrong methods. It focuses on how to achieve “access to justice” and …
Foreword To The Symposium: The Life And Work Of Robert M. Cover, Samuel J. Levine
Foreword To The Symposium: The Life And Work Of Robert M. Cover, Samuel J. Levine
Touro Law Review
No abstract provided.
Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin
Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin
Touro Law Review
No abstract provided.
Re-Envisioning Law Student Scholarship, Emily Zimmerman
Re-Envisioning Law Student Scholarship, Emily Zimmerman
Catholic University Law Review
This Article recommends that we think more intentionally about how law students’ engagement in scholarship can promote their professional development. In so doing, we should recognize that legal scholarship plays a different role for law students than it does for law professors. Rather than trying to replicate law professors’ relationship with scholarship, the pedagogy of law student scholarship should focus more intentionally on the value of scholarship for law students—most of whom will not become law professors.
This Article suggests that much of the value of scholarship for law students lies in process, rather than product. Rather than thinking …
How To Fix Legal Scholarmush, Adam Kolber
How To Fix Legal Scholarmush, Adam Kolber
Indiana Law Journal
Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”
In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off the …
The Beatitudes, Lawyers, And Bob Cochran, Amelia J. Uelmen
The Beatitudes, Lawyers, And Bob Cochran, Amelia J. Uelmen
Pepperdine Law Review
Written on the occasion of a celebration of the work and scholarship of Bob Cochran, this reflection draws on his scholarship and also on his teaching and work to build vibrant communities of commitment, service, and scholarship at the intersection of religion, law, and professional life. Working with the text of the Beatitudes from the Gospel of Matthew, the essay highlights the value of how Bob Cochran has aimed not only to “do good,” but also to “be good” in a world and in a profession where it seems increasingly difficult to do so. His legacy offers a powerful inspiration …
Celebrating The Work And Life Of Bob Cochran, Paul L. Caron
Celebrating The Work And Life Of Bob Cochran, Paul L. Caron
Pepperdine Law Review
No abstract provided.
Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine
Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine
Touro Law Review
No abstract provided.
The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining
The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining
Pace Law Review
This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
Books, Debate, Specificity, Neal Kumar Katyal
Books, Debate, Specificity, Neal Kumar Katyal
Michigan Law Review
Foreword to Volume 117, Issue 6 of the Michigan Law Review.
The Scholar's Dilemma, Chad Oldfather
Conference On The Ethics Of Legal Scholarship
Books Have The Power To Shape Public Policy, Barbara Mcquade
Books Have The Power To Shape Public Policy, Barbara Mcquade
Michigan Law Review
In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.
Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.
And books about the law, like the ones reviewed …
Gender Disparity In Law Review Citation Rates, Christopher A. Cotropia, Lee Petherbridge
Gender Disparity In Law Review Citation Rates, Christopher A. Cotropia, Lee Petherbridge
William & Mary Law Review
Gender disparity in scholarly influence—measured in terms of differential citation to academic work—has been widely documented. The weight of the evidence is that, in many fields of academic inquiry, papers authored by women receive fewer citations than papers authored by men. To investigate whether a similar gender disparity in scholarly influence exists in legal studies, we analyze the impact of gender on citation to articles published in top 100 law reviews between 1990 and 2010. We find evidence of gender disparity in citation rates, but in surprising contrast to observations made in other disciplines, we observe that articles authored by …
New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary Gildin
New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary Gildin
Dickinson Law Review (2017-Present)
No abstract provided.
In Praise Of Legal Scholarship, Tamara R. Piety
In Praise Of Legal Scholarship, Tamara R. Piety
William & Mary Bill of Rights Journal
No abstract provided.
Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza
Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza
University of Massachusetts Law Review
James Joyce’s Ulysses was a revolutionary novel, and this much is common knowledge. What is not common knowledge is how useful Ulysses was in pushing the boundaries of freedom of expression. This masterpiece of literature opened the door for modern American free speech jurisprudence, but in recent years has become more of an object of judicial scorn. This Article seeks to educate legal scholars as to the importance of the novel, and attempts to reverse the anti-intellectual spirit that runs through modern American jurisprudence, where the novel is now more used as an object of mockery, or as a negative …
Population-Based Legal Analysis: Bridging The Interdisciplinary Chasm Through Public Health In Law, Wendy E. Parmet
Population-Based Legal Analysis: Bridging The Interdisciplinary Chasm Through Public Health In Law, Wendy E. Parmet
Journal of Legal Education
No abstract provided.
The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn
The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn
Michigan Business & Entrepreneurial Law Review
In the fall semester of 1964, a young Douglas Kahn joined the faculty of the University of Michigan Law School. During the spring semester of 2016, he will teach his final course as a full-time faculty member. For the interim fifty two years, he has been a fixture of the Michigan law school community. As a tax professor, former student, and his son, I am pleased and honored to write this introduction for an edition of the Michigan Business & Entrepreneurial Law Review honoring Professor Kahn’s tenure at the University of Michigan.
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
University of Richmond Law Review
No abstract provided.
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
University of Richmond Law Review
No abstract provided.
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
University of Richmond Law Review
No abstract provided.
The Future Of Law Reviews: Online-Only Journals, Katharine T. Schaffzin
The Future Of Law Reviews: Online-Only Journals, Katharine T. Schaffzin
Touro Law Review
No abstract provided.
Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty
Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty
Touro Law Review
No abstract provided.
Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark
Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark
University of Michigan Journal of Law Reform Caveat
In this essay, I argue that law schools should continue to encourage and support wide-ranging legal scholarship, even if much of it does not seem to be of immediate use to the legal profession. I do not emphasize the relatively obvious point that scholarship is a process through which we study the law so that we can ultimately make useful contributions. Here, rather, I make two more-subtle points. First, legal academics ought to question the priorities of the legal profession, rather than merely take those priorities as given. We ought to serve as Socratic gadflies—challenging rather than merely mirroring regnant …