Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Law Library Blog (December 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2020

Law Library Blog (December 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2017

Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Teaching Of International Law, Edward Mcwhinney Apr 2016

The Teaching Of International Law, Edward Mcwhinney

Georgia Journal of International & Comparative Law

No abstract provided.


"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan Apr 2012

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Donald J. Kochan

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …


"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan Jan 2012

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Nevada Law Journal

No abstract provided.


Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan Aug 2011

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …


Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman Jan 2005

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

Articles & Chapters

Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.


Can Pragmatism Be Radical? Richard Posner And Legal Pragmatism, Daniel J. Solove, Michael Sullivan Jan 2003

Can Pragmatism Be Radical? Richard Posner And Legal Pragmatism, Daniel J. Solove, Michael Sullivan

GW Law Faculty Publications & Other Works

Richard Posner's Law, Pragmatism, and Democracy (2003) is the most comprehensive account to date of his pragmatic vision of the law and democracy. For the most part, Posner's theory of pragmatism has been attacked externally, mainly by theorists unsympathetic to pragmatism. In contrast, in this Review, we contest Posner's account of pragmatism from within the pragmatic tradition. We contend that Posner's views are problematic not because they are pragmatic, but because they are often not pragmatic enough.

We put Posner's account of pragmatism to the pragmatic test by examining its implications. Posner views ideals as useless and philosophical theorizing as …