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Full-Text Articles in Law

David Williams Ii, "In Memoriam" 1948-2019, Nicholas S. Zeppos May 2019

David Williams Ii, "In Memoriam" 1948-2019, Nicholas S. Zeppos

Vanderbilt Law Review

On February 15, 2019, hundreds of people gathered at the Temple Church in Nashville to celebrate the life and impact of David Williams II.


Increasing Diversity By A New Master's Degree In Legal Principles, Joni Hersch Jan 2017

Increasing Diversity By A New Master's Degree In Legal Principles, Joni Hersch

Vanderbilt Law School Faculty Publications

Students who leave their JD program before graduation leave empty handed, without an additional degree or other credential indicating that their law school studies had any professional, educational, or marketable value. The absence of such a credential combines with the substantial risks and costs associated with law school education to discourage risk averse students from applying. The adverse impacts of these risks may be especially great for lower income students who have fewer financial resources to draw on and less information about their fit with legal education and the legal profession. I propose that law schools award a master’s ...


The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth Jan 2015

The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the antitrust agencies, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ"), rarely issue guidelines, and even more rarely issue rules or regulations, very little antitrust law is handed down from on high. Instead, circuits split, and lower courts must muddle through new antitrust problems by finding analogies in technologically and socially obsolete precedents. When faced with this ...


A Normalized Scoring Model For Law School Competitions, Edward K. Cheng, Scott J. Farmer Jan 2013

A Normalized Scoring Model For Law School Competitions, Edward K. Cheng, Scott J. Farmer

Vanderbilt Law School Faculty Publications

Although the focus in this Article is moot court scoring, one can envision many other instances of law school assessment in which such a normalization problem arises. Law review competitions also involve different sets of graders, whose subjective determinations must be reasonably commensurate to make fair comparisons. Even more intriguing, although presenting a more complicated problem, law school grades suffer the same normalization concern. Courses feature material with different degrees of difficulty, attract different pools of students, and are taught by different instructors. Yet, class rank and graduation honors are ultimately calculated under the assumption that all grades are commensurate ...


Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Karla M. Mckanders, Raquel Aldana, Beth Lyon Jan 2012

Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Karla M. Mckanders, Raquel Aldana, Beth Lyon

Vanderbilt Law School Faculty Publications

This paper explores the adoption of best practices for the admission and graduation of undocumented students as lawyers and promoting their integration into the legal profession. Law schools are already both knowingly and unknowingly admitting and graduating undocumented students. It is our contention in this paper, after careful analysis, that no law precludes law schools from admitting undocumented students, offering them in-state tuition or other types of private and even public financial aid in states that permit it, or allowing them to participate fully in the law schools’ educational opportunities. We acknowledge that there are tensions around the decision to ...


Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, C. P. John Oct 2011

Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, C. P. John

Vanderbilt Law Review

A year ago, many of us gathered in Vanderbilt University Law School's Flynn Auditorium to attend a "Celebration of the Life of Professor Richard Nagareda." Frankly, I didn't feel like celebrating, a sentiment I suspect others shared. Richard-scholar, teacher, mentor, colleague, friend, father, husband-had left this earth before any of us were ready to part with him. And yet, as the speakers shared their memories of Richard, the intense grief I had felt since learning of Richard's untimely death began to dissipate. There was then, and there remains now, so much to celebrate about his life. For ...


Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. Mckanders Jan 2010

Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Clinical legal education is at a crossroads. With studies like the Macrate Report, Carnegie Foundation Report “Educating Lawyers,” and Best Practices for Legal Education there is greater focus on experiential learning. Consequently, clinics are at an inflection point regarding their future. Three distinct generations will determine the path forward: Baby Boomers, Generation X, and Millennials. Each generation brings a different set of preferences, biases, perspectives and strengths to the table. Given the changes in legal academia, what will the future hold for clinical legal education?

The following are four essays by clinicians from the three generations. They each relay their ...


Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman Jan 2009

Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network was Professor Cass Sunstein of Harvard Law School and proceeded to catalogue all of his myriad co-authors (so-called Sunstein 1's) and their co-authors (Sunstein 2's). In this small note we update that catalogue as of August 2008 and take the opportunity to reflect on this project and its methodology.


A Derivatives Market In Legal Academia, Paul H. Edelman Jan 2009

A Derivatives Market In Legal Academia, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Building on the success of derivatives markets in the financial arena, I show how similar markets can be used to hedge risk in legal academia. Prudent use of these markets will generate cash, mitigate errors in hiring, and increase the academic prestige of law schools. In short, they can do for legal academia what they have already done to the financial world.


On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Lee Epstein Apr 2007

On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Lee Epstein

Vanderbilt Law Review

While law professors are increasingly making use of data in their scholarship and while the data work housed in their studies is (generally) of a high quality, they have been less effective at communicating the products of their labor. A strong devotion to tabular, rather than graphical, displays, and claims about "statistical significance" rather than substantive importance, are just two areas requiring improvement.

Here, as in Part I, we attempt to adapt a burgeoning literature in the social and statistical sciences to the unique interests of legal scholars. Our proposals are many in number, but none is particularly difficult to ...


The Geologic Strata Of The Law School Curriculum, Robert W. Gordon Mar 2007

The Geologic Strata Of The Law School Curriculum, Robert W. Gordon

Vanderbilt Law Review

The modest aim of this piece is to supply some historical background to the other contributions to this Symposium. The modern American law school curriculum is the product of a few but critical choices of design, some of them over a century old. In this Article, I seek to (1) outline how the basic structure and content of the modern American law school curriculum came into being and what were the main competitors that curriculum displaced; (2) describe some of the ways in which the curriculum's basic structure and content have changed since its inception; and (3) point to ...


What's Wrong With Langdell's Method, And What To Do About It, Edward Rubin Mar 2007

What's Wrong With Langdell's Method, And What To Do About It, Edward Rubin

Vanderbilt Law Review

Here we are, at the beginning of the twenty-first century, using a model of legal education that was developed in the latter part of the nineteenth. Since that time, the nature of legal practice has changed, the concept of law has changed, the nature of academic inquiry has changed, and the theory of education has changed. Professional training programs in other fields have been redesigned many times to reflect current practice, theory, and pedagogy, but we legal educators are still doing the same basic thing we were doing one hundred and thirty years ago. Many law professors are conscientious and ...


Inside The Law School Classroom: Toward A New Legal Realist Pedagogy, Elizabeth Mertz Mar 2007

Inside The Law School Classroom: Toward A New Legal Realist Pedagogy, Elizabeth Mertz

Vanderbilt Law Review

In recent years, the legal academy has been experiencing a strong renewed interest in empirical legal research. Referred to by various analysts as a "new legal realism" or as "empirical legal studies," this restored focus on the social sciences in many ways echoes an earlier era of legal realism in American law, with some important differences.' . . .

This Article combines these two themes: empirical research on law and careful examination of legal education. It reports on an empirical study of legal education, which I have been conducting under the auspices of the American Bar Foundation (a research institute that also has ...


2007 Symposium On The Future Of Legal Education, Nicholas S. Zeppos Mar 2007

2007 Symposium On The Future Of Legal Education, Nicholas S. Zeppos

Vanderbilt Law Review

Like the proverbial elephant, law school appears different when perceived from different perspectives. During my twenty years as a law professor, I saw law school as a professional training program, a legal research institute, and a wonderful group of academic colleagues. The articles in this Symposium on the Future of Legal Education, based on a conference held at Vanderbilt in spring of 2006, generally view law school from a similar perspective. Now that I'm a Provost, my perspective is different. This raises some new issues, but it also underscores the basic theme of the Symposium. Law schools, like business ...


A Damn Hard Thing To Do, John H. Schlegel Mar 2007

A Damn Hard Thing To Do, John H. Schlegel

Vanderbilt Law Review

Back in the mid-eighties, I offered a first year, second semester "un-elective" called American Legal Theory and American Legal Education. It scrunched together two history courses I had taught irregularly before. I liked the way the two topics fit together and still do, but with so many recalcitrant law students enrolled in it, the course was an unmitigated disaster. As is always the case with such attempts at offering perspective, amidst the shambles I had acquired at least a few devoted students. At the end of the last class one of them came up to the front to ask a ...


Can Law Survive Legal Education?, Ernest J. Weinrib Mar 2007

Can Law Survive Legal Education?, Ernest J. Weinrib

Vanderbilt Law Review

Legal education exists at the confluence of three activities: the practice of law, the enterprise of understanding that practice, and the study of law's possible understandings within the context of a university. The first of these, the practice of law, consists of the activities consciously governed by law, including, for example, lawyers giving legal advice, citizens contemplating the legality of prospective actions, legislators creating law within the limits of their jurisdiction, and judges determining the rights and duties of litigants. It thus comprehends the entire field of legal institutions, legal doctrine, and legal interaction. The second activity, the enterprise ...


Making Lawyers (And Gangsters) In Japan, Mark D. West Mar 2007

Making Lawyers (And Gangsters) In Japan, Mark D. West

Vanderbilt Law Review

How insulting to have juxtaposed "lawyers" and "gangsters" in the title, to hint that lawyers are not engaged in a supremely noble profession, to insinuate a commonality between counselors-at-law and godfathers. There will be no explicit comparisons here, for this is an Essay about Japanese legal education, not La Cosa Nostra. Instead I offer a description of how Japan trains its lawyers and what lawyers in Japan do. I'll also talk a bit about how gangsters in Japan are trained, and what they do. Perhaps a serendipitous connection will present itself.

I begin by briefly discussing the old system ...


Psychological Theories Of Educational Engagement: A Multi-Method Approach To Studying Individual Engagement And Institutional Change, Bonita London, Geraldine Downey, Shauna Mace Mar 2007

Psychological Theories Of Educational Engagement: A Multi-Method Approach To Studying Individual Engagement And Institutional Change, Bonita London, Geraldine Downey, Shauna Mace

Vanderbilt Law Review

As teachers, administrators, scholars, and practitioners, one critical issue we face in the academic world is how to foster the academic success and psychological well-being of future generations of teachers, scholars, and practitioners. In some cases, even the most well-prepared and academically motivated students enter law school with the drive and ability to succeed, but along the way, may encounter difficulties that interfere with their potential success in law school and beyond. What are the barriers to engagement, academic success and psychological well-being that impede some students? How might we understand the process of engagement and investment in legal education ...


A Case For Another Case Method, Todd D. Rakoff, Martha Minow Mar 2007

A Case For Another Case Method, Todd D. Rakoff, Martha Minow

Vanderbilt Law Review

American legal education is pretty good. Generally speaking, it is rigorous, and generally speaking, students learn a lot. After three years in law school, students usually leave not only with knowledge of specific legal materials, but also with the sharp analytic skills and ability to work in existing legal institutions that people expect from lawyers. But our society is full of new problems demanding new solutions. Less so than in the past-less than in the 1930s and less than in the 1960s-are lawyers inventing those solutions. Much of the action is moving to graduates trained in other disciplines and professions ...


Taking Law And _______ Really Seriously: Before, During And After "The Law", Carrie Menkel-Meadow Mar 2007

Taking Law And _______ Really Seriously: Before, During And After "The Law", Carrie Menkel-Meadow

Vanderbilt Law Review

Any consideration of what legal education should consist of must begin with the question of what "law," as a field of study, is. Whether a study of "the law" is science, philosophy, political science, or a field unto itself, or is more like a social science study of the norms and behaviors that human beings create and enforce for their self- governance, what the field is should have something to do with how it is studied.

So, one can ask, what is the object of study when one studies "the law"? Court decisions and interpretations (doctrine) and statutes and regulations ...


A Lawyer's Lament: Law Schools And The "Profession" Of Law, Wayne S. Hyatt Mar 2007

A Lawyer's Lament: Law Schools And The "Profession" Of Law, Wayne S. Hyatt

Vanderbilt Law Review

Back in the mid-eighties, I offered a first year, second semester "un-elective" called American Legal Theory and American Legal Education. It scrunched together two history courses I had taught irregularly before. I liked the way the two topics fit together and still do, but with so many recalcitrant law students enrolled in it, the course was an unmitigated disaster. As is always the case with such attempts at offering perspective, amidst the shambles I had acquired at least a few devoted students. At the end of the last class one of them came up to the front to ask a ...


Six Degrees Of Cass Sunstein, Tracey E. George, Paul H. Edelman Jan 2007

Six Degrees Of Cass Sunstein, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence and access. Paul Erdős was the Kevin Bacon of his field - math - coauthoring with a large number of scholars from many institutions and across subfields. Moreover, his work was highly cited and important. Mathematicians talk about their Erdős number (i.e., numbers of degrees of separation) as a sign of their connection to the hub of mathematics: An Erdős number of 2 means a ...


An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George Jan 2006

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Vanderbilt Law School Faculty Publications

Empirical legal scholarship is arguably the most significant emerging intellectual movement. Empirical legal scholarship (ELS), as the term is generally used in law schools, refers to a specific type of empirical research: a model-based approach coupled with a quantitative method. This paper ranks law schools based on their place in the ELS movement and offers an essential ranking framework that can be adopted for other intellectual movements. A revised version of the paper was posted on October 11. The updated tables reflect additional data.


Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie Jan 2002

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.


The Wisconsin Diploma Privilege: Try It, You'll Like It, Beverly I. Moran Jan 2000

The Wisconsin Diploma Privilege: Try It, You'll Like It, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The big question that the Wisconsin diploma privilege raises is whether waivers into practice upon graduation can work outside the Dairy State. Is Wisconsin simply so unique that its successful experience cannot be replicated elsewhere? My conclusion is that there are certain characteristics that make Wisconsin a good site for the diploma privilege but that those characteristics are shared by several other states. These characteristics include (1) a small state with a relatively small practicing bar; (2) a close relationship between the bar, the judiciary, the legislature, and the law schools within the state; and (3) great regard between the ...


Introduction, Kent D. Syverud May 1999

Introduction, Kent D. Syverud

Vanderbilt Law Review

It took courage for Professor Patrick Schiltz to write the article that opens this symposium issue of the Vanderbilt Law Review. At the Notre Dame Law School, where Professor Schiltz teaches, as at the Vanderbilt University Law School and all elite schools, most graduates go to work in private practice, most often at large law firms. Professor Schiltz's portrayal of lawyers at such firms-as rich, overworked, unhappy, and often unethical-ought to be provocative and profoundly troubling to alumni at Vanderbilt and elsewhere. It will also be troubling to Deans, who struggle mightily each year to convince alumni to give ...


Introduction, Kent D. Syverud May 1999

Introduction, Kent D. Syverud

Vanderbilt Law Review

It took courage for Professor Patrick Schiltz to write the article that opens this symposium issue of the Vanderbilt Law Review. At the Notre Dame Law School, where Professor Schiltz teaches, as at the Vanderbilt University Law School and all elite schools, most graduates go to work in private practice, most often at large law firms. Professor Schiltz's portrayal of lawyers at such firms-as rich, overworked, unhappy, and often unethical--ought to be provocative and profoundly troubling to alumni at Vanderbilt and elsewhere. It will also be troubling to Deans, who struggle mightily each year to convince alumni to give ...


In Defense Of Author Prominence: A Reply To Crespi And Korobkin, Tracey E. George, Chris Guthrie Jan 1999

In Defense Of Author Prominence: A Reply To Crespi And Korobkin, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

We thank Greg Crespil and Russell Korobkin for their provocative responses to our author-prominence ranking of specialized law reviews. Crespi provides a thoughtful critique of the methodology we employ and the results we obtained. Korobkin shares some of Crespi's concerns, but he focuses his critique on the potential implications of our rankings (and rankings more generally). In this reply, we briefly address the more significant criticisms each of them raises.


Restating Strict Liability And Nuisance, Robert E. Keeton Apr 1995

Restating Strict Liability And Nuisance, Robert E. Keeton

Vanderbilt Law Review

John Wade was a master of the craft of restating the law. The American Law Institute ("ALI") benefitted especially from his distinctive service during development of the Restatement (Second) of Torts. It is fitting that we use, as a vehicle for honoring his service, an inquiry into a segment of tort law that was first considered in the decades just after the Institute was founded and remains, even today, among the most difficult areas of law to restate. This segment of tort law concerns the general theory of strict liability and the extent that it applies to nuisance cases.

To ...


John W. Wade, John P. Frank Apr 1995

John W. Wade, John P. Frank

Vanderbilt Law Review

John Wade's most distinguishing quality was his capacity for friendship. He was a great scholar; his bibliography runs for pages. He was a great teacher and law school administrator; he took over the Vanderbilt Law School when it had a hundred students and no physical home of its own and built it into a great regional institution with an admirable building. He was a great reporter for the American Law Institute. He was a war hero.

But memory dwells especially on that capacity for friendship. I have read some of the memorial letters: Our colleague, Lawrence Walsh, in a ...