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The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak Aug 1993

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 Aug 1993

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 …


Stewardship, Donald B. Ayer Aug 1993

Stewardship, Donald B. Ayer

Michigan Law Review

While I agree with much that Judge Edwards has proposed, I thus submit that his formulations of the problem are partial - a bit like those of the blind men examining different parts of the elephant. The law's current unhappiness is only partly described as that of law schools and practicing lawyers going in different directions, of law practice becoming too commercial, or of law schools failing to serve the needs of the practicing lawyers and judges with practical teaching and scholarship. All of these observations, while correct as far as they go, miss the root of the problem, which …


Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes Aug 1993

Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes

Michigan Law Review

Perhaps this little piece should be entitled Grace Notes rather than Commentary because I agree with so much of what Judge Edwards had to say in the Michigan Law Review. When I first read his piece, I have to say I was quite skeptical of his methodology, namely, running a survey past a group of former law clerks who, by virtue of their own super achievement, primarily in so-called elite law schools, quite easily could have ethereal points of view. But in typical Edwardsian fashion, the judge made appropriate disclaimers, and the clerks' comments seemed to me, for the most …


Law Teachers' Writing, James Boyd White Jan 1993

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 …


The Left Critique Of Normativity: A Comment, Mark V. Tushnet Aug 1992

The Left Critique Of Normativity: A Comment, Mark V. Tushnet

Michigan Law Review

"In today's legal academy, the critique of normativity is associated with the left." The preceding sentence, which I have constructed to summarize the starting point of this essay, is both largely true and arguably incoherent. The incoherence occurs because describing a position as "the left" connotes values like egalitarianism, which are obviously normative. This essay examines the ways in which some writers associated with the left in the legal academy have tried to resolve the incoherence. The first Part shows that these writers can be identified with the left even in their critiques of normativity and also shows that they …


William J. Pierce, Lawrence J. Bugge Aug 1991

William J. Pierce, Lawrence J. Bugge

Michigan Law Review

A tribute to William J. Pierce


Persuasion, Joseph William Singer Aug 1989

Persuasion, Joseph William Singer

Michigan Law Review

Lawyers spend a lot of time attempting to persuade other people. They persuade judges to promulgate rules of law that favor their clients. They persuade their law partners to adopt their interpretation of existing law or to adopt their strategy for litigation. They persuade clients to accept the dictates of the law. They persuade adversaries in settlement negotiations and their clients' business associates in contract negotiations. They persuade legislatures to fund legal services for the poor, to adopt or to reject law reforms.

Law professors spend most of their time teaching - or at least practicing - the art of …


The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover Oct 1988

The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover

Michigan Law Review

Earl Warren is dead.

A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.

The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.


The Practice And Discourse Of Legal Scholarship, Edward L. Rubin Aug 1988

The Practice And Discourse Of Legal Scholarship, Edward L. Rubin

Michigan Law Review

This article begins with a discussion of the critique of methodology, a characterization of standard legal scholarship in terms of the critique, and an exploration of the critique's relevance for this form of scholarship. The next section discusses the modes of legal analysis represented by the critical legal studies, law and literature, and law as practical reason movements, which draw from many of the same philosophic sources as the critique. Despite their common origin, these movements do not rely on the critique of methodology itself, and do not focus on standard legal scholarship. The Article then proceeds to offer a …


A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review Jun 1988

A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review

Michigan Law Review

A Bibliography of the Works of William W. Bishop, Jr.


William W. Bishop, Jr., Sudhir K. Chopra Jun 1988

William W. Bishop, Jr., Sudhir K. Chopra

Michigan Law Review

A tribute to William Warner Bishop, Jr.


William W. Bishop, Jr., John H. Jackson Jun 1988

William W. Bishop, Jr., John H. Jackson

Michigan Law Review

A tribute to William Warner Bishop, Jr.


William W. Bishop, Jr., Thomas E. Kauper Jun 1988

William W. Bishop, Jr., Thomas E. Kauper

Michigan Law Review

A tribute to William Warner Bishop, Jr.


Remarks On The Occasion Of The Memorial Service For William Warner Bishop, Jr. Held At The Lawyers' Club On January 22, 1988, Elizabeth Gaspar Brown Jun 1988

Remarks On The Occasion Of The Memorial Service For William Warner Bishop, Jr. Held At The Lawyers' Club On January 22, 1988, Elizabeth Gaspar Brown

Michigan Law Review

A tribute to William Warner Bishop, Jr.


Wade H. Mccree, Jr., David L. Chambers Nov 1987

Wade H. Mccree, Jr., David L. Chambers

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr., Lee C. Bollinger Nov 1987

Wade H. Mccree, Jr., Lee C. Bollinger

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.: A Model Of Excellence, Harry T. Edwards Nov 1987

Wade H. Mccree, Jr.: A Model Of Excellence, Harry T. Edwards

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


The Quintessential Public Servant, Otis M. Smith Nov 1987

The Quintessential Public Servant, Otis M. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.: Student Perspectives, Professor Mccree's Students Nov 1987

Wade H. Mccree, Jr.: Student Perspectives, Professor Mccree's Students

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


A Tribute To Wade Mccree, Allan F. Smith Nov 1987

A Tribute To Wade Mccree, Allan F. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


John W. Reed, Douglas W. Hillman Jun 1987

John W. Reed, Douglas W. Hillman

Michigan Law Review

A tribute to John W. Reed


John W. Reed, James K. Robinson Jun 1987

John W. Reed, James K. Robinson

Michigan Law Review

A tribute to John W. Reed


John W. Reed, Wilbert J. Mckeachie Jun 1987

John W. Reed, Wilbert J. Mckeachie

Michigan Law Review

A tribute to John W. Reed


John W. Reed, Austin G. Anderson Jun 1987

John W. Reed, Austin G. Anderson

Michigan Law Review

A tribute to John W. Reed


Francis A. Allen -- Selected Bibliography, Michigan Law Review Dec 1986

Francis A. Allen -- Selected Bibliography, Michigan Law Review

Michigan Law Review

A Selected Bibliography of Francis A. Allen's works.


Francis A. Allen, Norval Morris Dec 1986

Francis A. Allen, Norval Morris

Michigan Law Review

A tribute to Francis A. Allen


Francis A. Allen: Resolution Of The Board Of Regents Of The University Of Michigan, The Board Of Regents Of The University Of Michigan Dec 1986

Francis A. Allen: Resolution Of The Board Of Regents Of The University Of Michigan, The Board Of Regents Of The University Of Michigan

Michigan Law Review

Francis Allen has had a long and distinguished career, rich with service to his students, to the academic community, and to the nation. In grateful recognition of his many contributions while a member of the University faculty, the Regents salute this distinguished scholar and educator by naming him Edson R. Sunderland Professor of Law Emeritus.


What Frank Allen Teaches, Robert A. Burt Dec 1986

What Frank Allen Teaches, Robert A. Burt

Michigan Law Review

A tribute to Francis A. Allen


E.F. Hutton Goes South, Franklin E. Zimring Dec 1986

E.F. Hutton Goes South, Franklin E. Zimring

Michigan Law Review

A tribute to Francis A. Allen