Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

MS Word

Public Law and Legal Theory

Articles 1 - 3 of 3

Full-Text Articles in Law

If You Think Law Schools Teach Students To "Think Like A Lawyer"...Think Again!, Douglas Rush Nov 2010

If You Think Law Schools Teach Students To "Think Like A Lawyer"...Think Again!, Douglas Rush

Douglas Rush

Law school faculty and deans purport to teach law students to “think like a lawyer.” Indeed, this phrase has been repeated so often that it has become legal pedagogical dogma. Professor Wegner, co-author of the Carnegie Report Educating Lawyers: Preparation for the Profession of Law, has stated that “thinking like a lawyer” has been embraced as a ”trope of the core identity” of the legal academy. Unfortunately, whether law schools truly teach their students to “think like a lawyer” has not been previously subjected to empirical analysis.

This article is an empirical examination using logistic regression analysis of two different ...


Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii Nov 2010

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

James J. Williamson II

In District of Columbia v. Heller, the Supreme Court found that a federal law that restricted the possession of handguns within a federal enclave to be in direct conflict with the Second Amendment, and therefore, unconstitutional. Two years after that decision, the Supreme Court, in McDonald v. City of Chicago, held that the Second Amendment is applicable to the States through the Due Process Clause of the Fourteenth Amendment. In both cases, however, the High Court failed to articulate a standard of review by which future Second Amendment challenges should be adjudicated. This note argues that the appropriate standard of ...


Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz Oct 2010

Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz

Michael H Hurwitz

In this comment, the author discusses the recent rulings of U.S. District Court Judge Harold Baer, Jr. directing that proposed class counsel provide evidence of its racial and gender diversity. After summarizing the provisions of Rule 23(g) of the Federal Rules of Civil Procedure that govern the appointment of class counsel, the author analyzes Judge Baer’s rulings in light of Rule 23(g)’s requirements. The author concludes that Judge Baer’s rulings are inconsistent with the Rule’s requirements and, instead, represent the judge’s effort to impose his own policy views over the interests of ...