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Articles 1 - 30 of 111
Full-Text Articles in Law
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
All Faculty Scholarship
I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …
The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth
The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth
Federal Communications Law Journal
In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
A New Bluebook, K.K. Duvivier
A New Bluebook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.
From The Editor, Steven Lopez Editor
From The Editor, Steven Lopez Editor
Vanderbilt Journal of Entertainment & Technology Law
Two years ago, thirty-six law students embarked on an uncertain journey to create a new law journal-a legal publication that would fuse creative form with engaging content. The result, the Vanderbilt Journal of Entertainment & Technology Law & Practice, you hold in your hands.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Definite Articles: Using The Law Review Article Type Indicator® To Make Law Review Publishing Decisions, Eric A. Chiappinelli
Definite Articles: Using The Law Review Article Type Indicator® To Make Law Review Publishing Decisions, Eric A. Chiappinelli
William & Mary Law Review
No abstract provided.
Rothman, Hein, And Aall: A Short History Of A Long-Standing Publishing Relationship, April Schwartz
Rothman, Hein, And Aall: A Short History Of A Long-Standing Publishing Relationship, April Schwartz
Scholarly Works
No abstract provided.
String Citations-Part Ii, K.K. Duvivier
String Citations-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
However, string citations can be useful in some situations. For example, you may wish to use a string citation if you need to illustrate that there is a trend of authorities or that more than one case or jurisdiction supports the proposition you urge. String citations also are helpful when readers expect a comprehensive treatment of authorities.
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz
Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz
Cornell Law Faculty Publications
This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.
The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Sign Them Up, Neal Devins
String Citations-Part I, K.K. Duvivier
String Citations-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Whenever you list more than one authority to support the same legal proposition, you are using a "string citation." The name arises from the impression that the writer is "stringing" together several citations. In a string citation, each authority follows the next in a proscribed order: (1) by strength of authority (primary before secondary, enacted law before case law); (2) by jurisdiction (federal before state, alphabetically among states); (3) by rank of court (highest to lowest court); and (4) by date (reverse chronological with most recent first).' Semi-colons are placed between each authority.
Foreword, Coleen M. Barger
Foreword, Coleen M. Barger
The Journal of Appellate Practice and Process
An overview of this issue of The Journal.
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
The Journal of Appellate Practice and Process
Technology has created new types of legal research and means of access to the law. Specific to appellate practice, technology has changed how decisions are published and the nature of legal research. Technology has even created a debate on who owns the different forms of case law.
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
The Journal of Appellate Practice and Process
It is difficult to properly describe technology’s impact on legal information. The impact created a generational gap between those who learned their research skills before the change and current students. The habits of the new generation of legal researchers point toward a change in the way that we can think about the law.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
Indiana Law Journal
No abstract provided.
“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson
“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson
UF Law Faculty Publications
While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …
Designing Legal Writing Problems: Balancing Pedagogy With The Realities Of Law Practice, Judith Tracy, Daniel Barnett
Designing Legal Writing Problems: Balancing Pedagogy With The Realities Of Law Practice, Judith Tracy, Daniel Barnett
Judith B. Tracy
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Legal Citations For The Twenty-First Century, K.K. Duvivier
Legal Citations For The Twenty-First Century, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
True, a judge probably won't rule against you if your cites are wrong, but faulty cites do reflect poorly on you.' First, like good manners, proper citations illustrate both your knowledge of the rules of etiquette for legal writing and your precision in following those rules. If your citations are sloppy, some readers may presume that your research and reasoning were done in a similarly uninformed and careless fashion.
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Foreword: The Question Of Process, J. Harvie Wilkinson Iii
Michigan Law Review
Many in the legal profession have abandoned the great questions of legal process. This is too bad. How a decision is reached can be as important as what the decision is. In an increasingly diverse country with many competing visions of the good, it is critical for law to aspire to agreement on process - a task both more achievable than agreement on substance and more suited to our profession than waving the banners of ideological truth. By process, I mean the institutional routes by which we in America reach our most crucial decisions. In other words, process is our …
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Michigan Law Review
In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Michigan Law Review
William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …
Law And Regret, Eric A. Posner
Law And Regret, Eric A. Posner
Michigan Law Review
Professor Farnsworth's1 topic is what he calls the "law of regretted decisions," those laws "that apply when you change your mind and reverse a decision" (p. ix). One finds such laws across many doctrinal divisions. Contract law influences the decision to change one's mind about keeping a promise. Tort law influences the decision to change one's mind after starting to rescue another person. The law of wills influences the decision to change one's mind about the distribution of one's assets among heirs. Farnsworth believes there are general principles that underlie the law of regretted decisions. Although there are some "anomalies," …
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Michigan Law Review
What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of the Ackerman/ …
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
Michigan Law Review
For legal scholars it is the best of times. We are inundated by an eclectic range of writing that pushes the envelope from analysis and synthesis to the upper reaches of theory. Mainstream topics face fierce competition from fresh ideological visions, a variety of genres, and spirited criticism of the status quo. Young professors have access to a burgeoning variety of journals to circulate their ideas and advice while the mass media covets them as public intellectuals. There is a less sanguine mood; an increasingly vocal group of scholars complain that it is the worst of times and refer to …
Zen And The Art Of Jursiprudence, Matthew K. Roskoski
Zen And The Art Of Jursiprudence, Matthew K. Roskoski
Michigan Law Review
Lawyer bashing is by no means a remarkable phenomenon. It was not remarkable when Shakespeare wrote, "[t]he first thing we do, let's kill all the lawyers," and it's not remarkable today. Paul Campos, however, has written a particularly readable example, blending venerable Western lawyer-bashing and pop psychology with unsystematic invocations of Eastern religion. Jurismania is named after Campos's theory that the American legal system has a lot in common with a person suffering from an obsessive-compulsive disorder, an addiction to law that does neither the patient nor those around him much good. In Jurismania, Campos criticizes our insistence on regulating …