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Full-Text Articles in Law

Of Cat-Herders, Conductors, Fearless Leaders, And Tour Guides, Nancy B. Rapoport Jan 2001

Of Cat-Herders, Conductors, Fearless Leaders, And Tour Guides, Nancy B. Rapoport

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This article discusses four distinct approaches to the role of the dean and the pros and cons of each approach.


When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport Jan 2001

When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport

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Dean Rapoport will discuss students and faculty consortia focusing on the North American Consortium on Legal Education (NACLE), which, among other things, promotes student and faculty exchanges between and among three law schools in the U.S., three in Canada, and three in Mexico.


Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko Jan 2001

Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko

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The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …


An Inconsistently Sensitive Mind: Richard Posner's Celebration Of Insurance Law And Continuing Blind Spots Of Econominalism, Jeffrey W. Stempel Jan 2001

An Inconsistently Sensitive Mind: Richard Posner's Celebration Of Insurance Law And Continuing Blind Spots Of Econominalism, Jeffrey W. Stempel

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Seventh Circuit Judge Richard Posner is well known for bringing economic analysis to bear on a host of issues, including infamously controversial notions such the market for baby sale. Not surprisingly, Posner's insurance law opinions reflect economics, but perhaps not to the degree one would expect. A review of Posner's 20 years of opinions relating to insurance issues reviews his pragmatic jurisprudence as well. Decisions frequently reflect not only economics but also situational context and considerations of business reality as well as a sophisticated grasp of basic insurance doctrine and contract law. As a general matter, Posner also displays considerably …


Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent Jan 2001

Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent

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This is an introduction to articles presented at a symposium on the U.S. Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods. Co. sponsored by the Louisiana Law Review. Presenting papers were five of the leading scholars on employment discrimination law: Professor Catherine J. Lanctot of the Villanova University Law School, Professor Michael Selmi of the George Washington Law School, Professor Linda Hamilton Krieger, University of California at Berkely School of Law, Professor Rebecca Hanner White of the University of Georgia Law School, and Professor Michael Zimmer of the Seton Hall University School of Law. Respondents were the authors and …


Politics, Gay Rights, And The Light At The End Of The Rainbow, Mary Lafrance Jan 2001

Politics, Gay Rights, And The Light At The End Of The Rainbow, Mary Lafrance

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Legal scholars and practitioners concerned about the future of the law rather than merely its present know that successful strategies for advancing the law require not only a facility with the nuts and bolts of legal analysis but a sense of history and an awareness of the ways in which law is shaped by politics, public opinion, cultural norms, and moral and political philosophy.

Challenging those laws that discriminate on the basis of sexual orientation offers one of the most active and exciting undertakings for modern civil rights advocates. The losses are frustrating but the victories are exhilarating. The long-term …


Gender And Legal Writing: Law Schools’ Dirty Little Secrets, Kathryn M. Stanchi, Jan M. Levine Jan 2001

Gender And Legal Writing: Law Schools’ Dirty Little Secrets, Kathryn M. Stanchi, Jan M. Levine

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While great strides have been made by legal writing professors in the past two decades, many law schools-perhaps most accurately, many law school deans-try to avoid the investments needed to provide their students with professional, high-quality instruction in legal research and legal writing. Law professors, including women law professors, have reacted to their deans' decisions to maintain the status quo largely by quiet acquiescence- although in some cases they openly support that stance. Legal writing seems to be just too hard, and too demanding in time and energy, to be taught by doctrinal law professors, most of whom are men …