Law Commons^™

Timing Legal Parenthood, Noy Naaman

Arkansas Law Review

When does a parent become a parent? This Article examines this question through a novel framework that analyzes the tension between an individual’s evolving self-identification as a parent and the law’s acknowledgment of the individual’s parental status. It focuses on two forms of that tension. The first concerns a scenario occurring after the birth of a child, when the self-identification as a parent is established but the law has yet to formalize the parental status. The second involves a scenario occurring before the birth, when the self-identification as a parent-to-be—the process of becoming—is legally overlooked. This Article argues that this …

Foreword--Comparative Corporate Law & Governance, Dan W. Puchniak, Randall S. Thomas

Vanderbilt Journal of Transnational Law

Despite the challenges posed by Covid-19, especially for the student editors of the Journal, this special issue has been published on time and has been superbly edited. On behalf of the authors, NUS Law, and the Law & Business Program of Vanderbilt Law School, we would like to express our sincere appreciation to the editor in chief, Joshua D. Minchin, and the entire editorial team of the Vanderbilt Journal of Transnational Law for their remarkable skill, effort, and dedication in these challenging times. Your performance gives us great hope that the future is extremely bright.

Courtroom Psychology During Criminal Trials And Its Therapeutic Role On Victims And Offenders, Tierra Wilson

Walden Dissertations and Doctoral Studies

In the legal and mental health fields little is known about the therapeutic impact of courtroom psychology during criminal trials. The purpose of this research study was to investigate the inter-relating factors of law and psychology throughout criminal trials as experienced by lawyers and psychologists. Research questions explored the influence of courtroom psychology on criminal trial proceedings and challenges as experienced by both criminal trial attorneys in presenting mental health evidence, and by psychologists when testifying during criminal trials. Further exploration focused on the significance of courtroom psychology, and how lawyers and psychologists perceived courtroom psychology impacting justice for victims …

From Law To Legal Studies And Beyond: 50 Years Of Law And Legal Studies At Carleton University, Vincent Kazmierski, Darren Pacione

Dalhousie Law Journal

This paper considers the evolution of Carleton University's Department of Law and Legal Studies and its approach to the study of law and the legal within the context of the continuing growth of legal studies programs across the country. It starts by outlining the historical development of the Department and the evolution of its perspective of its role and purpose. Part II examines a number of aspects of the architecture of fourteen undergraduate legal studies programs across the country and the ways in which the roles of these programs are described. Part III provides a brief outline of the current …

Should Your Law Review Article Have An Abstract And Table Of Contents?: An Empirical Analysis, Christopher A. Cotropia

Law Faculty Publications

A review of the relevant literature turned up no studies examining the influence of abstracts on citation to law review articles. Nor were studies found examining the influence of tables of contents. To chart this territory, we explore whether abstracts and tables of contents impact the scholarly influence of academic work in the field of legal studies by using a large sample of law review articles published in top 100 law reviews. Part I describes our methodology while Part II reports the results. Part III summarizes the results and discusses them in view of the title question: should your law …

Beyond The Fakultas' Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum

Publications

More than fifty years after the first post-colonial Southeast Asian regional conference on legal education, commentators and educators do not necessarily agree on the appropriate curricular balance between theory, doctrine, and practice, or what role the government should play in directing the orientation of legal studies and careers in Indonesia’s law schools. The author argues in favor of legal education that is rich in experiential learning and integrates the involvement of practitioners and doctrinal faculty. This objective may be a relatively new reality in Indonesia, but also one that needs revitalization in other Southeast Asian nations and beyond. This article …

On Legal Scholarship, Danielle K. Citron, Robin West

Shorter Faculty Works

Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …

Vulnerable Populations And Transformative Law Teaching: A Critical Reader, Chapter 6 - Vulnerability In Contracting: Teaching First-Year Law Students About Inequality And Its Consequences, Deborah Post, Deborah Zalesne

Deborah W. Post

Traditional legal pedagogy fails to demonstrate the relationship of contract to the subordination of vulnerable populations. As a result, students rarely see the complex web of interrelationships where economic activity takes place or the legal regime that maintains it. Students are not taught how to interrogate the discourse or dismantle the systems and structures that oppress subordinated communities. This Essay describes a technique that we have developed to help students learn the meaning of law and its cultural, social, and structural significance. The traditional framing of the study of contract doctrine as one that is objective, neutral, and fair avoids …

Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield

Scripps Senior Theses

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application …

Ethical Issues In Business And The Lawyer's Role, Tamar Frankel, Mark Fagan, Robert Rhee, Carol Morgan

Faculty Scholarship

Q&A with Robert Rhee, Carol Morgan, Tamar Frankel, and Mark Fagan regarding courses focused on business ethics.

Good afternoon everyone. I am Carol Morgan. I am with the University of Georgia School of Law's Business Law and Ethics program. I'm joined today by very distinguished panelists, Tamar Frankel from Boston University and Robert Rhee from the University of Maryland. You will hear a lot more about them during our program today. I am glad to see this interest in the topic of business ethics. Law schools have not traditionally put a lot of attention or focus on the subject of …

Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Controversy surrounding scholastic rankings arises, in part, because of complexities associated with measuring academic contributions. Legal researchers use various methodologies to assess scholarly production and impact but all suffer from inherent limitations and none provides data useful to scholarly self-reflection. The 10-year old Legal Scholarship Network (LSN) offers potential to improve considerably on both scores of public and personal assessment. This Essay critically evaluates approaches to conceptualizing scholarly profit margins, explores how LSN can enhance these conceptions, and opens new frontiers for this innovative Web-based repository of legal writing.

Analytic Deconstructionism? The Intellectual Voyeurism Of Anthony D'Amato, Alan R. Madry

Fordham Law Review

No abstract provided.

Teach Your Students Well: Valuing Clients In The Law School Clinic., Ann Juergens

Faculty Scholarship

Law schools, teaching primarily by the casebook method, generally avoid the thorny issues that real clients pose.' Recently, however, law review articles and the ""regular classroom"" have referred more frequently to real client stories. Law school clinics are a primary source of client stories. Despite increased attention to clinical programs, client interests are frequently subordinated to the goals of students, clinical law teachers and law schools. This article urges clinicians to constantly evaluate whether and how well they and their students take their clients' interests and perspectives on clinical education into account. It argues that clinic teachers must learn to …

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …

A Review Of Court Cases Concerning Dismissal Of Certificated Personnel In The State Of Washington, Allen T. Hughes

All Graduate Projects

This paper presents briefs of court case materials found in the legal files of the Washington Education Association, Washington Report Second Edition, Washington Appellate Reports, and Washington Digest concerned with the dismissal of certificated personnel in the.State of Washington. This paper can be used by educators involved with dismissal procedures as stated by RCW 28A.58.450. The briefs are designed so the reader can quickly determine:

1. Facts leading to the problem;

2. The problem;

3. The decision of the court; and

4. The rationale for the decision.

An Open Letter Proposing A School Of Cultural Legal Studies, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Law As A Social Discipline, Jerome Hall

Articles by Maurer Faculty

No abstract provided.