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Full-Text Articles in Entertainment, Arts, and Sports Law

The Postmodern Infiltration Of Legal Scholarship, Arthur Austin May 2000

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 May 2000

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 …


Miranda'S Fall?, Kenji Yoshino May 2000

Miranda'S Fall?, Kenji Yoshino

Michigan Law Review

If one wishes to revisit a classic, Albert Crunus's The Fall is a riskier choice than Harper Lee's To Kill a Mockingbird, which Steven Lubet eloquently discussed last year in these pages. It is not only that Camus's work will be less familiar to legal audiences than Lee's, despite the fact that The Fall is becoming recognized through critical "revisitation" as perhaps Crunus's greatest novel. It is also that the legal protagonist of The Fall, Jean-Baptiste Clamence, does not have Atticus Finch's immediate appeal. Finch is idealistic, Clamence is existential; Finch is pious, Clamence is debauched; Finch is hopeful, Clamence …