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Articles 1 - 30 of 38
Full-Text Articles in Legal Writing and Research
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Book Review - Florida Legal Research: Sources, Process, And Analysis, A. Darby Dickerson
Book Review - Florida Legal Research: Sources, Process, And Analysis, A. Darby Dickerson
Florida State University Law Review
No abstract provided.
Leaving The Ballpark, J. Thomas Sullivan
Leaving The Ballpark, J. Thomas Sullivan
The Journal of Appellate Practice and Process
Justice Stevens’s Sammy Sosa "leaving the ballpark" metaphor in City of Chicago v. Morales is used as a reminder that words may have multiple meanings.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Foreword, Jeffrey Rosen
Foreword, Jeffrey Rosen
Michigan Law Review
America now is a society addicted to legalism that has lost its faith in legal argument. The impeachment of Bill Clinton was only the most visible manifestation of this paradox. Both Democrats and Republicans professed a rhetorical commitment to the rule of law while revealing a deep pessimism about the ability of courts, legislatures, or even citizens to transcend their biases and to converge, through deliberation, on impartial and democratically acceptable outcomes. The simplistic Supreme Court decisions that precipitated the impeachment - in particular, Morrison v. Olson,1 upholding the Independent Counsel law, and Jones v. Clinton,2 denying the President temporary …
Reconstructing Atticus Finch, Steven Lubet
Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Atticus Finch. No real-life lawyer has done more for the self-image or public perception of the legal profession than the hero of Harper Lee's novel, To Kill a Mockingbird. For nearly four decades, the name of Atticus Finch has been invoked to defend and inspire lawyers, to rebut lawyer jokes, and to justify (and fine-tune) the adversary system. Lawyers are greedy. What about Atticus Finch? Lawyers only serve the rich. Not Atticus Finch. Professionalism is a lost ideal. Remember Atticus Finch. In the unreconstructed Maycomb, Alabama of the 1930s, Atticus was willing to risk his social standing, professional reputation, and …
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Michigan Law Review
In one of her childishly obtuse moments, Scout, the narrator of Harper Lee's To Kill a Mockingbird, denies that her father Atticus Finch is any sort of proper example of how a lawyer ought to act when cross-examining a witness. The prosecutor's crossexamination of the accused Tom Robinson has moved her friend Dill to tears: "I couldn't stand . . . [t]hat old Mr. Gilmer doin' him thataway, talking so hateful to him _" Scout, who has taken her friend out of the courtroom, explains: "Dill, that's his job . . . . He's supposed to act that way." Atticus, …
Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson
Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson
Michigan Law Review
Professor Lubet has joined a growing list of revisionists who question Atticus's standing as the paragon of lawyerly virtue.1 But Professor Lubet takes revisionism in a distinctly postmodern direction, if not to a radically new level. Atticus's previous critics have wondered how he could have overlooked, perhaps even condoned, the pervasive racism, sexism, and classism of the Depression-era South. They have even occasionally censured his paternalism toward his pro bono client, the working-class black rape defendant Tom Robinson. But they have never questioned either Tom's claim of innocence or the propriety of Atticus's advocacy of that claim. Professor Lubet questions …
Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell
Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell
Michigan Law Review
Professor Steven Lubet's review examines in the lawyering context the truth of Due de La Rochefoucauld's observation that "[o]ur virtues are mostly but vices in disguise." His question - one going to the very heart of what lawyering is about - asks readers of To Kill a Mockingbird whether they would be equally prepared to accept the fictional Atticus Fmch as the personification of the good lawyer if his black client, defendant Tom Robinson, actually committed the rape of the white woman, Mayella Ewell, for which he was charged. If Robinson was a rapist, how then does one square Atticus's …
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Michigan Law Review
Atticus Finch's conduct would have been justified by the bar's conventional norms even if he had known Tom Robinson to be guilty. That fact, however, is not the source of the admiration for him that To Kill a Mockingbird has induced in so many readers. That admiration depends on the clear premise of the novel that Finch plausibly believes that Tom Robinson is innocent. Thus, the bar's invocation of Finch as a sympathetic illustration of its norms is misleading. The ethics of the novel are quite different from those of the bar. Steven Lubet does a good job of showing …
Atticus Finch, In Context, Randolph N. Stone
Atticus Finch, In Context, Randolph N. Stone
Michigan Law Review
One summer night in 1955, Emmett Till, a fourteen-year-old Chicago boy visiting relatives in Mississippi, was abducted by two white men, beaten, and shot; his body was tied to a fan from a cotton gin and thrown in a river. Emmett's "crime": being black and allegedly whistling at a white woman. Through the early 1970s, hundreds of black men had been "legally" executed after being convicted, usually by all white juries or white judges, of sexually assaulting white women; hundreds more were lynched and otherwise extrajudicially executed. This is the historical context of white supremacy essentially ignored by Professor Lubet …
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Reconstructing Atticus Finch was intended to be provocative, so I am not surprised at the strength of the responses. Neither should I be surprised by the continuing reverence engendered by the fictional Atticus Finch; as I pointed out in my original essay, he is our moral archetype. Indeed, it was the accepted nobility of the character that made my question worth asking in the first place. What if Mayella had been attacked by Tom Robinson? Would Atticus still be a hero? To ask that question about a lesser figure would inevitably invite stock responses. Champions of the adversary system would …
Rights And Wrongs, John C.P. Goldberg
Rights And Wrongs, John C.P. Goldberg
Michigan Law Review
If one were to ask an American lawyer or legal scholar for a definition of liberalism, her explanation would likely include mention of constitutional provisions such as the First and Fourth Amendments. This is because liberalism is today understood primarily as a theory of what government officials may not do to citizens. Its most immediate expression in law is thus taken to be those parts of the Bill of Rights that set limits on state action. This tendency to conceive of liberalism exclusively as a theory of rights against government is a twentieth century phenomenon. To be sure, liberalism has …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Law Quadrangle (formerly Law Quad Notes)
The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia(No.98-5881). "This case raises important questions about the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the Court handed down a decision …
Doing Well & Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, 1970 - 1996, David L. Chambers, Richard O. Lempert, Terry K. Adams
Doing Well & Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, 1970 - 1996, David L. Chambers, Richard O. Lempert, Terry K. Adams
Law Quadrangle (formerly Law Quad Notes)
In the last few yearsm affirmative action in higher education has faced increasing legal scrutiny, in part because of doubts about the kinds of graduates these programs produce. A few years ago, we and some of our colleagues at Michigan started asking whether we could learn the answers to these questions about the careers of our graduates. The Law School already possessed considerable information about our minority graduates - from the surveys we have conducted each year for over 30 years of our alumni five and 15 years after graduation. But, while the annual survey asks many questions about careers …
Focus On The Crucial Issue, Myron H. Bright
Focus On The Crucial Issue, Myron H. Bright
The Journal of Appellate Practice and Process
A Senior Judge for the United States Court of Appeals for the Eighth Circuit addresses the importance of saving valuable time by focusing on the core issues when arguing a case. The essay also provides guidance on identifying core issues.
Introduction And Dedication, J. Thomas Sullivan
Introduction And Dedication, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The Journal of Appellate Practice and Process, introduction
The Uncertain Status Of Citation Reform: An Update For The Undecided, Coleen M. Barger
The Uncertain Status Of Citation Reform: An Update For The Undecided, Coleen M. Barger
The Journal of Appellate Practice and Process
This article addresses the purpose of legal citations and presents a case for reforming citations in order to better fulfill the purposes of legal citations.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
UIC John Marshall Journal of Information Technology & Privacy Law
Every year The Center for Information Technology and Privacy Law of the John Marshall Law School hosts a moot court competition. This year's topic dealt with Internet hacking and subsequent harassment from personal information displayed on the web. The respondent, an Internet company that specializes in displaying pages from hacked websites, published a hacked page that contained personal information about the petitioner. The personal information included his social security number, home telephone number, and home address. Petitioner claimed invasion of privacy. The decision, from which the petitioner appeals, granted summary judgment in favor of the respondent. The issues presented in …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin
The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin
UIC John Marshall Journal of Information Technology & Privacy Law
This bibliography is an annotated list of sources, including books, official documents, and web sites, that discuss the national and international issues surrounding electronic commerce and digital signatures. The sources are quite diverse and offer a wide range of research opportunities, which may save you untold research time by helping to narrow your search. For your convenience, the sources have been organized into several topic categories: Electronic Commerce (In general) Digital Signatures Certification Authorities Infrastructure Models and Authentication Techniques Uniform Commercial Code/ Statute of Frauds and Evidentiary Issues Encryption, Cryptography and Security Issues Foreign and International Aspects. Note that all …