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Articles 1 - 7 of 7
Full-Text Articles in Law
Once Upon A Time In Law: Myth, Metaphor, And Authority, Linda H. Edwards
Once Upon A Time In Law: Myth, Metaphor, And Authority, Linda H. Edwards
Scholarly Works
We have long accepted the role of narrative in fact statements and jury arguments, but in the inner sanctum of analyzing legal authority? Surely not. Yet cases, statutes, rules, and doctrines all have stories of their own. When we talk about legal authority, using our best formal logic, we are actually swimming in a sea of narrative, oblivious to the water around us. As the old Buddhist saying goes, "We don’t know who discovered the ocean, but it probably wasn’t a fish."
This article teases out several familiar archetypes hidden in discussions of cases and statutes. In the midst of …
Contested Meanings: Achievement And Ambition At An Elite Law School, Deborah Waire Post
Contested Meanings: Achievement And Ambition At An Elite Law School, Deborah Waire Post
Scholarly Works
No abstract provided.
Book Review: "For The Common Good: Principles Of American Academic Freedom", David S. Tanenhaus
Book Review: "For The Common Good: Principles Of American Academic Freedom", David S. Tanenhaus
Scholarly Works
No abstract provided.
The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price
The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price
Scholarly Works
No abstract provided.
Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, Samuel J. Levine
Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, Samuel J. Levine
Scholarly Works
No abstract provided.
Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan
Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan
Scholarly Works
Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in …
Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger
Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger
Scholarly Works
This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.
The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and …