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Articles 1 - 23 of 23
Full-Text Articles in Legal History
Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey
Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey
Law Faculty Scholarly Articles
From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which became the George Washington University School of Law. For two decades, he primarily taught working-class evening students in classes as diverse as property, torts, conflicts of law, jurisprudence, domestic relations, commercial law, evidence-and most significantly-constitutional law.
Harlan's lectures on constitutional law would have been lost to history, but for the enterprising initiative-and remarkable note-taking-of one of Harlan's students, George Johannes. During the 1897-98 academic year, George Johannes and a classmate transcribed verbatim the twenty-seven …
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
125th Anniversary Materials
No abstract provided.
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
125th Anniversary Materials
No abstract provided.
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125th Anniversary Materials
No abstract provided.
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
125th Anniversary Materials
No abstract provided.
The Rookery Building And Chicago-Kent, A. Dan Tarlock
The Rookery Building And Chicago-Kent, A. Dan Tarlock
125th Anniversary Materials
No abstract provided.
Privacy And Technology: A 125-Year Review, Lori B. Andrews
Privacy And Technology: A 125-Year Review, Lori B. Andrews
125th Anniversary Materials
No abstract provided.
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
125th Anniversary Materials
No abstract provided.
The Changing Composition Of The American Jury, Nancy S. Marder
The Changing Composition Of The American Jury, Nancy S. Marder
125th Anniversary Materials
No abstract provided.
What's A Telegram?, Henry H. Perritt Jr.
What's A Telegram?, Henry H. Perritt Jr.
125th Anniversary Materials
No abstract provided.
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
125th Anniversary Materials
The Supreme Court in 1888 was in crisis. Its overall structure and responsibilities, created a century earlier by the Judiciary Act of 1789, were no longer adequate or appropriate. The Court had no control over its own docket - at the beginning of the 1888 term, there were 1,563 cases pending - and the justices’ responsibilities, which included circuit riding, were impossible to meet. Shaped as it was by a law almost as old as the country itself, the Supreme Court in 1888 - and the federal judicial system as a whole - would be barely recognizable to many today. …
Chicago's "Great Boodle Trial", Todd Haugh
Chicago's "Great Boodle Trial", Todd Haugh
125th Anniversary Materials
No abstract provided.
Chicago-Kent: 125 Years And Counting, Ralph L. Brill
Chicago-Kent: 125 Years And Counting, Ralph L. Brill
125th Anniversary Materials
No abstract provided.
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
125th Anniversary Materials
No abstract provided.
The Legacy Of In Re Neagle, Harold J. Krent
The Legacy Of In Re Neagle, Harold J. Krent
125th Anniversary Materials
No abstract provided.
Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out?, Ian Weinstein
Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out?, Ian Weinstein
Faculty Scholarship
Both markets and ideas have turned against the American legal profession. Legal hiring has contracted, and law school enrollments are decreasing. The business models of big law and legal education are under pressure, current levels of student indebtedness seem unsustainable, and a hero has yet to emerge from our fragmented regulatory structures. In the realm of ideas, the information revolution has sparked deep critiques of structured knowledge and expertise, opening the roles of the law and the university in society to reexamination. We are less enamored of the scholar-lawyer and gaze with longing at technocrats. I hope that clinical law …
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now.
This response begins by describing the benefits of scholars’ briefs …
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …
Teaching American Legal History In A Law School, Peter D. Garlock
Teaching American Legal History In A Law School, Peter D. Garlock
Law Faculty Articles and Essays
Professor Peter Garlock describes his legal history course.
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Faculty Scholarship
The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …
Founding Legal Education In America, Paul D. Carrington
Founding Legal Education In America, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Fun Of Teaching American Legal History, Geoffrey R. Watson
The Fun Of Teaching American Legal History, Geoffrey R. Watson
Scholarly Articles
I teach a pair of two-credit legal history courses: History of Early American Law and History of Modern American Law. I teach a variety of other courses, but none is more fun to teach than legal history.
Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams
Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams
Faculty Publications
Historian Henry Steele Commager said, “History is useful in the sense that art is useful--or music or poetry or flowers; perhaps even in the sense that religion and philosophy is useful .... For without these things life would be poorer and meaner.” For law students who anticipate a career representing private and public clients and participating in public discussion, however, study of legal history carries rewards beyond intellectual stimulation and personal satisfaction. Law students contemplating client representation should ponder Justice Holmes's advice that “[h]istory must be a part of the study [of law], because without it we cannot know the …