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Legal Writing Handbook For Clinical Students, Nan Haynes

Books

This handbook is for upper-level students enrolled in a clinic, who are expected to draft legal memorandums, briefs, client letters, and pleadings with minimal supervision. Each chapter focuses on a single writing skill. The exercises and examples consistently and cogently employ the techniques and devices advocated in the book.

Clinical students learn by doing. Still, their legal writing experience is limited, so guiding them through written assignments is challenging. They simultaneously need specific feedback on legal writing from their professors, and the opportunity to do as much as possible on their own. I wrote this handbook with that challenge in …

Constitutional Patriotism As Europe’S Public Philosophy? On The Responsiveness Of Post-National Law, Paul Linden-Retek

Contributions to Books

Published as Chapter 13 in Constitutional Patriotism as Europe’s Public Philosophy? On the Responsiveness of Post-National Law, Jan Komárek, ed.

This chapter critiques Jürgen Habermas’s concept of constitutional patriotism—and its basis in his discourse theory of democracy and law—from the analytic perspective of ‘constitutional imaginaries’, and details the consequences of this critique for the constitutional discourse of the contemporary European judiciary. In the first instance, analysis of constitutional imaginaries reveals the extent to which civic attachment to constitutional law is oriented not merely to legal principles simpliciter but also to the historical settlement of political conflict those principles reflect. This …

Guide To Bill Of Attainder Clauses In Article I, Sections 9 And 10, Matthew J. Steilen

Contributions to Books

These are commentaries on the Bill of Attainder Clauses in Article I, sections 9 and 10. Each is 2000 words long. They are forthcoming in the 3d edition of Heritage Guide to the Constitution. Topics covered include the history of English bills of attainder, the meaning of "bill," "notorious," "attainder," and other key terms, bills of attainder passed against loyalists during the American revolution, the Josiah Philips case, the legislative history of the clauses in the Philadelphia Convention, early Supreme Court decisions involving bills of attainder, and the modern doctrine. Inline citations and a short bibliography are included. The author …

Preface, Rebecca Redwood French

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No abstract provided.

While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel

Books

What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.

While Waiting for Rain first examines the economic history of the United States as well as that …

Citation Sources For Legal Scholarship: Ranking The Top 28 Law Faculties, John R. Beatty

Law Librarian Contributions to Books

This study examines the effects of the data source on citation metrics and faculty rankings by comparing three sources of legal scholarship citation data: Google Scholar, Westlaw, and HeinOnline. It compares six years of citations to works by all of the tenured and tenure-track members of the top twenty-eight faculties as determined by two recent legal citation studies. Rankings generated using the Leiter-Sisk method on the data from the three sources showed moderate to high correlation (0. 77 to 0. 96) to each other. Total citations and total publications for each faculty were moderately to highly correlated to rankings, while …

Genetic Freedom Of The Seas In The Age Of Extractivism: Marine Genetic Resources In Areas Beyond National Jurisdiction, Irus Braverman

Contributions to Books

Areas beyond national jurisdiction are the largest environment on earth and marine genetic resources are its new, and perhaps final, frontier. It is no wonder, then, that the scope and protection of marine genetic resources in this oceanic space have been hotly contested and that a new doctrine for ocean governance has been coined in this context: mare geneticum. This chapter examines different definitions of marine genetic resources debated in the ongoing treaty negotiations over areas beyond national jurisdiction (the BBNJ), the conflicting interests involved, and how the law-science relationship has figured in these debates. Ultimately, many of the debates …

Amphibious Legal Geographies: Toward Land–Sea Regimes, Irus Braverman

Contributions to Books

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the juridical thinking that has enshrined the land/sea divide into contemporary governmental infrastructures, disciplinary traditions, and regulatory apparatuses, and charts the disastrous implications that such a legal fixation on the land/sea binary has wrought on human and other-than-human lifeworlds. As the collection proceeds, a second broad theme emerges, building on the first: when one rethinks the abstraction of law as played out on the ground, the “ground” itself shifts and fundamental divisions between land and sea that serve as the …

Wesley Newcomb Hohfeld: On The Difficulty Of Becoming A Law Professor, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Wesley Hohfeld A Century Later: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman & Henry Smith, eds.

Wesley Hohfeld (1879 - 1918) is well known to legal philosophers and to property teachers for his table of fundamental conceptions, a terminological framework for understanding legal doctrine and reasoning. This work was also substantively important for some members of the American Legal Realist movement and Critical Legal Studies. More personally he was part of the generation of law teachers who had to figure out how to become a professional academic in the …

Academic Brands And Cognitive Dissonance, Mark Bartholomew

Contributions to Books

Published as Chapter 7 in Academic Brands: Distinction in Global Higher Education (Mario Biagioli & Madhavi Sunder, eds., Cambridge University Press, 2022).

It is hard to reconcile the research university’s supposed reason for being – the reasoned pursuit of knowledge – with its methods for building brand awareness and equity. Just like pitches for other luxury goods, the selling of higher education depends on irrational appeals devoid of information and marketing missives meant to hug the line between legally protected puffery and outright fraud. Although universities have always borrowed from the selling strategies of the commercial sphere, in recent years, …

Reparations For Slavery: A Productive Strategy?, Makau Wa Mutua

Contributions to Books

Published as Chapter 1 in Time for Reparations: A Global Perspective, Jacqueline Bhabha, Margareta Matache & Caroline Elkins, eds.

Subnational Constitutionalism In The United States: Powerful States In A Powerful Federation, James A. Gardner

Contributions to Books

Published as Chapter 19 in Routledge Handbook of Subnational Constitutions and Constitutionalism, Patricia Popelier, Nicholas Aroney & Giacomo Delledonne, eds.

The United States has an extremely robust network of subnational constitutions. It is one of the few federations in the world in which subnational entities are understood to be fully competent polities with virtually complete constituent powers of self-organization and self-authorization. The authority to adopt a subnational constitution is consequently understood to be an incident of subnational sovereignty, a concept in turn derived from a conception of the basic federal order itself as highly decentralized.

Judith Shklar’S Critique Of Legalism, Seyla Benhabib, Paul Linden-Retek

Contributions to Books

Published as Chapter 16 in The Cambridge Companion to the Rule of Law, Jens Meierhenrich & Martin Loughlin, eds.

Commentary On Emerson V. Magendantz, Lucinda M. Finley

Contributions to Books

Published as Chapter 13 of Feminist Judgments: Rewritten Tort Opinions, Martha Chamallas & Lucinda M. Finley, eds. (Cambridge University Press 2020). Emerson v. Magendantz assesses how to measure harm when people get pregnant after a negligently performed sterilization, or have disabled children after genetic counseling or prenatal testing misdiagnosed the risk. The court permitted parents to recover child-rearing costs only for disabled children, reasoning that the emotional benefits of a healthy child invariably outweigh its economic burdens. Critiquing this reasoning as a double insult to the disabled and to the importance of reproductive autonomy, the feminist rewritten opinion uses the …

Centralization Of The Academic Law Library: Is It Right For Your Institution?, Elizabeth G. Adelman

Contributions to Books

Published in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts, Michelle M. Wu, Scott B. Pagel & Joan S. Howland, eds.

Presidential Selection: Historical, Institutional, And Democratic Perspectives, James A. Gardner

Contributions to Books

Published as Chapter 1 in The Best Candidate: Presidential Nomination in Polarized Times, Eugene Mazo and Michael Dimino, eds.

It has been nearly two centuries since an American presidential election has evoked a crisis of confidence like that following the election of 2016. Not since the election of Andrew Jackson in 1828 has there been such a public display of anxiety concerning the methods by which we choose our chief executive. As in the contest of 1828 pitting the Democrat Jackson against his Federalist opponent John Quincy Adams, the presidential nominating process of 2016 produced a contest between a celebrity …

Governance Interactions In Sustainable Supply Chain Management, Errol Meidinger

Contributions to Books

Published as Chapter 3 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

Supply chains are a major site of transnational business governance, and yet their dynamics and effectiveness are usually more assumed than interrogated in regulatory governance discourse. The very term ‘chain’ implies a more determinist and simplistic understanding of supply relationships than is empirically supportable. Supply chains in practice are complex, dynamic, and highly variable networks. Based on peer-group presentations by more than sixty supply chain professionals, this chapter analyzes …

Tpp And Environmental Regulation, Errol Meidinger

Contributions to Books

Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and …

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

The Embedded Liberalism Compromise In The Making Of The Gatt And Uruguay Round Agreements, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 2 in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited, Gillian Moon & Lisa Toohey, eds.

Privacy And The Right To One’S Image: A Cultural And Legal History, Samantha Barbas

Contributions to Books

Published as Chapter 9 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Chairs, Stairs, And Automobiles: The Cultural Construction Of Injuries And The Failed Promise Of Law, David M. Engel

Contributions to Books

Published as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Looking Backward, Looking Forward, David M. Engel

Contributions to Books

Published as Chapter 17 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

The Songs Of Other Birds, Anya Bernstein

Contributions to Books

Published as Chapter 14 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song, Mary Nell Trautner, ed..

In this essay, written for a volume that re-engages with David Engel's classic article, The Oven Bird's Song, I consider how we decide how to situate what we encounter in our research. Comparing the findings of my own research in Taipei with Engel's work in Thailand and America, I ask how we can decide to give different interpretations of seemingly similar social phenomena -- specifically, our interlocutors' evident distaste for invoking the law.

Although many of my interlocutors in Taiwan expressed …

Karl’S Law School, Or The Oven Bird In Buffalo, Alfred F. Konefsky

Contributions to Books

Published as Chapter 4 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

Client Selection, Lynn Mather

Contributions to Books

Published as Chapter 6 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb

Contributions to Books

Published as Chapter 29 in Principles of Environmental Law, Ludwig Krämer & Emanuela Orlando, eds.

The Use Of Property Law Tools For Soil Protection, Jessica Owley

Contributions to Books

Published in International Yearbook of Soil Law and Policy 2017, Harald Ginzky, Elizabeth Dooley, Irene L. Heuser, Emmanuel Kasimbazi, Till Markus & Tianbao Qin, eds.

Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

The images or other third party material in this book are included in the book’s Creative …

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish

Contributions to Books

Published as Chapter 4 in Business and Human Rights: Beyond the End of the Beginning, Cesar Rodriguez-Garavito, ed.