Law Commons^™

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in the typical skills …

Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton

Scholarly Works

No abstract provided.

Book Review, Chad J. Schatzle

Scholarly Works

Welfare's Forgotten Past: A Socio-Legal History of the Poor Law is a timely reminder of society's legal duty to the poor. In an era of global economic turmoil, with recent welfare reform and heated debates over the extension of unemployment benefits here in the United States, it is easy to forget that laws for the relief of poverty have roots reaching back more than 400 years. Author Lorie Charlesworth, Reader in Law and History at Liverpool John Moores University, focuses her book on the poor law-a historical, English system derived largely from the seventeenth-century laws of settlement and removal, which …

Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus

Scholarly Works

Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …

Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia

Scholarly Works

Immigrants make up a large and increasing portion of the American community. The recent census found an unprecedented number of immigrants within the United States. Immigrants, however, have fewer legal protections than almost any other individuals within our borders. This lack of protection is especially disconcerting given that immigrants are often the most subordinated members of our communities. Particularly after the events of September 11, 2001, the rights and protections available to immigrants—whether they are documented or not—are tenuous. As LatCrit scholars have pointed out, immigration law is intensely racialized, and yet other bodies of law, such as civil rights …

Book Review, David S. Tanenhaus

Scholarly Works

This ambitious book impressively chronicles forms of imprisonment in American history from Columbus’s crossing in 1492, with at least four convicts among his crew, to the rise of five hundred years later of a “prison-industrial complex,” which employs over half a million people and incarcerates more than one million others. According to Christianson, a former investigative reporter and gubernatorial aide who is now contributing editor of The Criminal Law Bulletin, director of the New York Death Penalty Documentation Project, and chairman of the Board of the Safer Society Foundation, With Liberty for Some “is a history of how we …

Salt History: Founding Of Salt, Jennifer Williamson, Michael Rooke-Ley

Founding of SALT

No abstract provided.

Salt History & Timeline, Joyce Saltalamachia

Founding of SALT

In 1999, Joyce Saltalamachia sends a memo to the SALT History "Explore" Group. The memo includes a brief history of the founding of SALT and time-lines of significant SALT activities from beginning through 1991.

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.

The Law Of Alimony, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Berger V. The Supreme Court—The Implications Of His Exceptions-Clause Odyssey, Thomas B. Mcaffee

Scholarly Works

In his 1969 Congress v. The Supreme Court, Raoul Berger evaluated the potential claims to supremacy of Congress and the Supreme Court under the exceptions clause of article III and found in favor of the Supreme Court. Berger explicated a narrow construction of Congress’ express power to make exceptions to the Court’s appellate jurisdiction, holding that Congress’ claimed power to curb judicial excess was at odds with the design of the Constitution and without historical foundation. From 1969 to 1980, Berger reaffirmed his initial reading of the legislative history of article III no less than four times, once in …

Proposal For An Association Of Law Teachers - Sep. 14, 1973, Norman Dorsen

Founding of SALT

No abstract provided.

Norman Dorsen Letter To Robert Sedler, Norman Dorsen

Founding of SALT

Professor Dorsen writes to Professor Sedler that the proposal for an association of law teachers will be sent in September 1973 to 300-400 law teachers and that there are 21 signatories.

Ralph Brown Letter, Ralph S. Brown

Founding of SALT

Professor Brown provides feedback on the May 1973 draft proposal for an association of law teachers.

Maurice Rosenberg Letter, Maurcie Rosenberg

Founding of SALT

Professor Rosenberg, the president of AALS, responds to the proposal for an association of law teachers.

David Chambers Letter, David L. Chambers

Founding of SALT

Professor Chambers suggests that the new association of law teachers hire a full-time executive director for at least the first year or at least the first six months.

Anthony G. Amsterdam Letter, Anthony G. Amsterdam

Founding of SALT

Professor Amsterdam states that the proposed association of law teachers must support "small-school" law teachers.

Lawrence Herman Letters, Lawrence Herman

Founding of SALT

Professor Herman expresses a concern that the proposed association of law teachers would become a mini-ACLU for law teachers.

Harry Kelven Letter, Harry Kelven Jr.

Founding of SALT

Professor Kelven provides feedback on the proposal for an association of law teachers.

Proposal For An Association Of Law Teachers - May 15, 1973, Norman Dorsen, Tom Emerson

Founding of SALT

No abstract provided.

Correspondence Between Norman Dorsen & Tom Emerson, Norman Dorsen, Tom Emerson

Founding of SALT

No abstract provided.

Preble Stolz Letter, Preble Stolz

Founding of SALT

Professor Stolz is interested in an association of law teachers but also addresses concerns.

Joan Washington Letter, Joan Washington

Founding of SALT

Joan Washington provides a list of law professors.

Herman Schwartz Letter, Herman Schwartz

Founding of SALT

Professor Schwartz provides feedback on the proposal for an association of law teachers.

Proposal For An Association Of Law Teachers - Jan. 31, 1973, Norman Dorsen, Tom Emerson

Founding of SALT

Professors Norman Dorsen and Tom Emerson proposes for an association of law teachers.

A Few Signatories For The Proposal For An Association Of Law Teachers, Joseph L. Sax, Willard Heckel, E Clinton Bamberger Jr., Vern Countryman

Founding of SALT

Letters from several professors who agreed to be signatories for the proposal for an association of law teachers.

Sanford J. Rosen Letters, Sanford J. Rosen

Founding of SALT

Mr. Sanford J. Rosen, the Legal Director of Mexican American Legal Defense & Education Fund, provides feedback on the proposal for an association of law teachers.

Meeting To Discuss The Advisability And Likelihood Of Creating An Independent Law Teachers' Association, Herman Schwartz

Founding of SALT

No abstract provided.

Correspondence Between Norman Dorsen & Michael Tigar, Norman Dorsen, Michael Tigar

Founding of SALT

Professors Letwin, Tigar, and Wasserstrom proposes an exploratory meeting of law professors to discuss problems related to legal education , legal academics, and the society at large.