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How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano 2018 Texas A&M University School of Law

How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano

Brian Larson

As academic disciplines mature, professors with specialized interests within their field often gravitate toward each other to pursue their interests collectively. Eventually, members of a group might find themselves collaborating on presentations, articles, or similar endeavors, with the goal of advancing an academic specialty.

To our knowledge, however, few such groups appear to exist in the LRW community (notable exceptions: applied legal storytelling; LWI’s Discipline-Building Working Group’s bibliography program). Our presentation hopes to model how LRW professors can come together to explore a single aspect of the legal writing field. We’ll discuss how we brought together over ...


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White 2018 Barry University School of Law

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.


Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel 2018 Barry University School of Law

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.


Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman 2018 Barry University School of Law

Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman

Barry Law Review

No abstract provided.


The Myth Of Trade Usages: A Talk, Lisa Bernstein 2018 Barry University School of Law

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White 2018 Barry University School of Law

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.


Foreword, Leticia Diaz 2018 Barry University School of Law

Foreword, Leticia Diaz

Barry Law Review

No abstract provided.


Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg 2018 Barry University School of Law

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.


Importing Uniform Sales Law Into Article 2, Steven Walt 2018 Barry University School of Law

Importing Uniform Sales Law Into Article 2, Steven Walt

Barry Law Review

No abstract provided.


Celebrating Classical Rhetoric & Building Contemporary Law, Brian Larson 2018 Texas A&M University School of Law

Celebrating Classical Rhetoric & Building Contemporary Law, Brian Larson

Brian Larson

Classical rhetoric and the western legal tradition were born together in the Greek city-states of the 5th century BCE. Yet little is said about Isocrates, Aristotle, Cicero, and Quintilian (for example) in contemporary law schools, and lawyers know little about the classical rhetorical foundations of their practice. Beginning in 2017, a group of two dozen scholars (mostly teachers of communication and legal theory in law schools) began a distance reading-group to examine the intersections between classical rhetorical theory and contemporary legal theory, practice, and education. This special-format session will present some of the group’s findings in the form of ...


Foreword, Daniel B. Rodriguez 2018 Northwestern Pritzker School of Law

Foreword, Daniel B. Rodriguez

Northwestern University Law Review

No abstract provided.


The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb 2018 Brooklyn Law School

The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb

Brooklyn Journal of Corporate, Financial & Commercial Law

A recent Supreme Court decision, Husky International Electronics, Inc. v. Ritz, explores the meaning of the word “fraud” under a federal bankruptcy statutory section. That section uses the term “actual fraud,” and bears upon the question of whether a particular debt should be denied a discharge. The Court’s approach in defining fraud affords guidance to the question of defining fraud under other statutes. The Husky case also raised a veil piercing issue to be dealt with on remand. That issue involved the application of Texas statutory law precluding veil piercing in cases brought by contract creditors unless they were ...


Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham 2018 Brooklyn Law School

Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission and the Commodity Futures Trading Commission were directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) to create whistleblower protection programs that reward informants with massive bounty payments. At the time of its passage, the Dodd-Frank Act was a highly controversial statute that was passed on partisan lines. Its whistleblowing authority was one of its “most contentious provisions.” As the result of the 2016 elections, the Dodd-Frank Act has come under renewed attack in Congress and by the new Trump administration. The stage is being set for possible repeal of ...


The Rhetorical Canons Of Construction: New Textualism's Rhetoric Problem, Charlie D. Stewart 2018 University of Michigan Law School

The Rhetorical Canons Of Construction: New Textualism's Rhetoric Problem, Charlie D. Stewart

Michigan Law Review

New Textualism is ascendant. Elevated to prominence by the late Justice Antonin Scalia and championed by others like Justice Neil Gorsuch, the method of interpretation occupies an increasingly dominant place in American jurisprudence. Yet, this Comment argues the proponents of New Textualism acted unfairly to reach this lofty perch. To reach this conclusion, this Comment develops and applies a framework to evaluate the rhetoric behind New Textualism: the rhetorical canons of construction. Through the rhetorical canons, this Comment demonstrates that proponents of New Textualism advance specious arguments, declare other methods illegitimate hypocritically, refuse to engage with the merits of their ...


Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania 2018 University of California, Berkeley, School of Law

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Michigan Law Review

The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?

The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather ...


Patent Transfer And The Bundle Of Rights, Andrew C. Michaels 2018 Brooklyn Law School

Patent Transfer And The Bundle Of Rights, Andrew C. Michaels

Brooklyn Law Review

When patents subject to a license agreement are transferred, to what extent do the benefits and burdens of the license agreement run with the patent? Courts have stated that those aspects of the agreement relating to “actual use” of the patent or invention are encumbrances running with the transferred patent. But this doctrinal test is not consistently applied and is not up to the task of clearly and consistently delineating the extent to which patent license agreements run with transferred patents. Conceptualizing the patent as a bundle of Hohfeldian Rights to exclude, this article proposes a more coherent framework for ...


Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley 2018 Texas A&M University School of Law

Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley

Texas A&M Law Review

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...


Forgotten Cases: Worthen V. Thomas, David F. Forte 2018 Cleveland-Marshall College of Law

Forgotten Cases: Worthen V. Thomas, David F. Forte

Cleveland State Law Review

According to received opinion, the case of the Home Bldg. & Loan Ass’n v. Blaisdell, decided in 1934, laid to rest any force the Contract Clause of the United States Constitution had to limit state legislation that affected existing contracts. But the Supreme Court’s subsequent decisions belies that claim. In fact, a few months later, the Court unanimously decided Worthen v. Thomas, which reaffirmed the vitality of the Contract Clause. Over the next few years, in twenty cases, the Court limited the reach of Blaisdell and confirmed the limiting force of the Contract Clause on state legislation. Only after ...


Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee 2018 West Virginia University College of Law

Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee

Concordia Law Review

This Article retells the life stories of Derrick Bell, a founder of Critical Race Theory, and Herbert Wechsler, a founder of the Legal Process School, to suggest a synthesis of their often conflicting paradigms—Critical Legal Process. Critical Legal Process’s fundamental question is whether the Master’s tool, the so-called rule of law, can be considered—in the words of Wechsler’s most famous article—a genuine “neutral principle.” Can the Master’s favorite tool be repurposed to dismantle the very house it built? Can the same rule of law that was abused to build the racist Jim Crow ...


A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson 2018 University of Pennsylvania Law School

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

Faculty Scholarship

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible ...


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