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Articles 1 - 30 of 1642
Full-Text Articles in Law
The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson
The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson
Faculty Articles
Long-time St. Mary's law professor Vincent Johnson details the arrival and tenure of Barbara Bader Aldave as Dean of St. Mary's University School of Law.
The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang
The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang
Touro Law Review
A mission-driven institution requires personnel who are competent for the realization of the mission. The following article examines the practice of Catholic law schools hiring Catholics as law professors throughout the over 150-year history of Catholic legal education in the United States. This history shows that Catholic law schools alternately sought to hire Catholics as law professors or to hire individuals without regard to their religious affiliation as these schools’ self-understanding of mission changed over time.
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Cleveland State Law Review
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial …
Will Legal Education Change Post-2020?, Heather K. Gerken
Will Legal Education Change Post-2020?, Heather K. Gerken
Michigan Law Review
The famed book review issue of the Michigan Law Review feels like a reminder of better days. As this issue goes to print, a shocking 554,103 people have died of COVID-19 in the United States alone, the country seems to have begun a long-overdue national reckoning on race, climate change and economic inequality continue to ravage the country, and our Capitol was stormed by insurrectionists with the encouragement of the president of the United States. In the usual year, a scholar would happily pick up this volume and delight in its contents. This year, one marvels at the scholars who …
Some Special Words For Robert Burdick, Mary Connaughton
Some Special Words For Robert Burdick, Mary Connaughton
Faculty Scholarship
Many words can be used to describe Bob Burdick, my supervisor, colleague, and friend at the Boston University Civil Litigation Program since the fall of 1993. BU has recognized him as a “Quiet Legal Giant”; as his colleagues, we have commented on his compassion, low-key humility, creativity and innovation, strength as a mentor, and expertise in negotiation. We share common images and experiences as well: the open door to his office and the light already burning at 6:30 on dark mornings as we arrived early to go to court. His insight and understanding after a disturbing experience with an opposing …
Tribute To Bob Burdick, Naomi M. Mann
Tribute To Bob Burdick, Naomi M. Mann
Faculty Scholarship
In losing Bob, we have truly lost a legal giant. He was a visionary in poverty law. He led significant litigation that improved the lives of countless individuals in the Commonwealth. It is because of him, a team of legal aid attorneys, and his students that individuals who are considered mentally incapacitated are entitled to Rogers hearings before being administered medication. It is also under his leadership that student attorneys throughout the Commonwealth can get attorney’s fees for their legal services organizations. Through his guidance and teaching, generations of law students have learned how to infuse their work (wherever they …
Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii
Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii
Articles
Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law review articles to probe the nature of legal knowledge co-production and de facto peer review in the legal literature. Using a survey and a textual analysis of about thirty thousand law review articles from 2008 to 2017, we examined the nature of knowledge …
A Tribute To Robert (“Bob”) G. Burdick: A Man Of Vision And Light, Constance A. Browne
A Tribute To Robert (“Bob”) G. Burdick: A Man Of Vision And Light, Constance A. Browne
Faculty Scholarship
One of Bob’s former students said it best: “Bob was the lawyer I wanted to be. He was the person I wanted to be.”1 Bob was also the mentor, teacher, and innovator I aspired to be. For many marginalized clients, Bob brought the change they needed; the change justice required. He embodied hope—he saw the light and strove to enable others to share in its glow.
Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram
Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram
Faculty Scholarship
Bob Burdick began his career in clinical practice as a student in the clinic at Boston University School of Law in 1970, shortly after the civil clinic had been established as the Legal Aid Program in Hyde Park in 1969. Right out of law school, Bob worked at Greater Boston Legal Services (“GBLS”), he then was hired at BU as a clinical instructor and later promoted to director of what became the Civil Litigation Program in 1979. During the forty years Bob led the civil clinic (now renamed the Civil Litigation and Justice Program), he was the creative and innovative …
From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen
From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen
Faculty Publications
In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that appeared in a symposium edition of the Berkeley Women’s Law Journal. Since then, Black women and women of color have published articles and books about their experiences with presumed incompetence, outsider status, and silence. The story of Black women in the legal …
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Scholarly Works
No abstract provided.
The Joys Of Mentoring, Michael A. Mogill, Jd, Llm
The Joys Of Mentoring, Michael A. Mogill, Jd, Llm
Marquette Benefits and Social Welfare Law Review
No abstract provided.
What Will (Or Might?) Law School Look Like This Fall?: Teaching In The Midst Of A Pandemic, Ted Becker
What Will (Or Might?) Law School Look Like This Fall?: Teaching In The Midst Of A Pandemic, Ted Becker
Articles
January 2020 marked the start of a new semester for Michigan law schools. There was little reason to suspect it wouldn’t be a semester like any other: for 3Ls, the start of the stretch run to graduation; for 1Ls, a chance to begin anew after the stress of their first set of law school final exams; for law school faculty, administrators, and staff, a return to the excitement and activity of crowded hallways and classrooms after the brief interlude of winter break. Classes began and proceeded as normal.
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Cleveland State Law Review
This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.
Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon
Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon
Articles
Partway through the winter 2019 semester,1 the Supreme Court ruined my favorite summary judgment brief problem while my students were working on it. I had decided to use the problem despite the Court granting cert and knowing it was just a matter of time before the Court issued its decision. In this Article, I share some of the lessons that I learned about the risks involved in using a brief problem based on a pending Supreme Court case. I conclude that, while I have not typically set out to base a problem on a pending Supreme Court case, doing so …
Foundations: Curriculum & Faculty, University Of Michigan Law School
Foundations: Curriculum & Faculty, University Of Michigan Law School
Miscellaneous Law School History & Publications
Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.
Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array of upper-level …
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Articles
When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language …
Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West
Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West
Utah Law Faculty Scholarship
This is a transcript of the proceedings of the Conference on the Ethics of Legal Scholarship held at Marquette University Law School on September 15-16, 2017. Topics addressed include (1) what counts as legal scholarship and what is the obligation of neutrality?, (2) the obligations of sincerity, candor, and exhaustiveness, and (3) the mechanisms of legal scholarship, especially law reviews and the issues they create. The conference's working aim was to generate and propose a set of ethical guidelines for legal scholarship.
In Memoriam: John Reed, Theodore J. St. Antoine
In Memoriam: John Reed, Theodore J. St. Antoine
Michigan Law Review
A tribute to John W. Reed.
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
Articles
Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In …
What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker
What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker
Articles
Over 25 years ago, in his foreword to the first volume of Legal Writing, Chris Rideout nailed it: legal writing as actually practiced by lawyers and judges needs to improve, “[b]ut more fundamental inquiry into legal writing...is needed as well.” The intervening decades have seen many laudable efforts on the latter front, as our collective scholarly discipline, then in its infancy, has matured. But one particular question that Rideout identified remains largely unaddressed by our discipline, although recent developments suggest a welcome increase in attention to the topic. Specifically, Rideout explained that our field did not know as much as …
Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray
Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray
Michigan Journal of Gender & Law
This legal-literary essay engages the current social and jurisprudential moment, encapsulated by the hashtag #metoo. It focuses on the allegations, made in the first week of December 2017, that Ninth Circuit Court of Appeals Judge Alex Kozinski verbally sexually harassed former law clerks Emily Murphy and Heidi Bond. I wrote the lioness’s share of the piece during December 10–11—that is, in the days before news outlets reported that other women complained of Kozinski touching them on the thigh or breast while propositioning them for sex or discussing recent sexual encounters—and concluded that Kozinski was unlikely to face impeachment or meaningful …
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Faculty Articles
The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy
Maine Law Review
There is an adage among doctors that “as a last resort, ask the patient.” It is a not so facetious reference to the observation that because doctors are so highly educated and trained, they can start to believe they know what’s best for their patients better than the patients themselves. Consequently, these doctors may discount, or altogether ignore, the opinions of the very people they are suppose to be helping. The same observation could be made about the law professor-student relationship. Unlike doctors, though, our relationship with students is hierarchical, and thus we may be even less inclined to “ask …
Why Write?, Erwin Chemerinsky
Why Write?, Erwin Chemerinsky
Erwin Chemerinsky
This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …
The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn
The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn
Articles
In recent years, the bar has expressed dissatisfaction with what is considered by some to be inadequate preparation of law students to begin practicing law immediately after graduation. There are several reasons why this has become a matter of concern for the legal profession. The profession itself has undergone significant changes. Although there are a few exceptions, most law firms no longer wish to spend time training their young associates or allowing them much time to develop the skills they need. First, clients are unwilling to pay for the time a young lawyer spends in acquiring needed skills. Second, the …
Symposium Presenters, Editorial Board
Symposium Presenters, Editorial Board
The University of New Hampshire Law Review
Listing of symposium presenters and their institutional affiliation.
Experience 100+, University Of Michigan Law School
Experience 100+, University Of Michigan Law School
Miscellaneous Law School History & Publications
100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2017-2019.
Is Legal Scholarship Worth Its Cost?, Paul Campos
The Law School (2013), Margaret A. Leary
The Law School (2013), Margaret A. Leary
Book Chapters
This chapter describes the growth and changes to the University of Michigan Law School for the period 1973-2013.