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Full-Text Articles in Legal History
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Carlo A. Pedrioli
This article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a …
Criminal Law And Technology In A Data-Driven Society, Mireille Hildebrandt
Criminal Law And Technology In A Data-Driven Society, Mireille Hildebrandt
Mireille Hildebrandt
This chapter takes leave of the idea that lawyers can remain immersed in legal text. It takes a stand for a careful reflection on what data-driven architectures do to some of the assumptions of modern law that are mistakenly taken for granted. Merely enacting the presumption of innocence by means of legal code will not do in the present future. If the defaults of Big Data analytics all point in the direction of precrime punishment or the pre-emption of inferred criminal intent, we need to reconfigure the smart decision systems that progressively mediate the perception and cognition of law enforcement …