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Doctorado Académico En Derecho, ¿Un Vehículo Para Los Transplantes Jurídicos?, Gail J. Hupper 2010 Boston College Law School

Doctorado Académico En Derecho, ¿Un Vehículo Para Los Transplantes Jurídicos?, Gail J. Hupper

Boston College Law School Faculty Papers

No abstract provided.


Discipline-Building And Disciplinary Values: Thoughts On Legal Writing At Year Twenty-Five Of The Legal Writing Institute, J. Christopher Rideout 2010 Seattle University School of Law

Discipline-Building And Disciplinary Values: Thoughts On Legal Writing At Year Twenty-Five Of The Legal Writing Institute, J. Christopher Rideout

Faculty Scholarship

No abstract provided.


Legal Writing: The View From Within, J. Christopher Rideout, Jill J. Ramsfield 2010 Seattle University School of Law

Legal Writing: The View From Within, J. Christopher Rideout, Jill J. Ramsfield

Faculty Scholarship

No abstract provided.


Tributes To Mary S. Lawrence, Chris Rideout 2010 Seattle University School of Law

Tributes To Mary S. Lawrence, Chris Rideout

Faculty Scholarship

No abstract provided.


Delegation And Judicial Review, Thomas W. Merrill 2010 Yale Law School

Delegation And Judicial Review, Thomas W. Merrill

Faculty Scholarship Series

One of the subthemes in the delegation debate concerns the
importance of judicial review. The Supreme Court has often
upheld broad delegations to administrative actors and in so
doing has pointed out that judicial review is available to safeguard
citizens from the abuse of unconstrained government
power. Broad delegations of power to executive actors are
constitutionally permissible, the Court has suggested, in significant
part because courts stand ready to assure citizens that
the executive will discharge its discretion in a manner consistent
with Congress's mandate and in a fashion that otherwise
satisfies the requirements of reasoned decision making.


A Closer Look: A Symposium Among Legal Historians And Law Librarians To Uncover The Spanish Roots Of Louisiana Civil Law, Vicenç Feliú, Dennis Kim-Prieto, Teresa Miguel 2010 Villanova University School of Law

A Closer Look: A Symposium Among Legal Historians And Law Librarians To Uncover The Spanish Roots Of Louisiana Civil Law, Vicenç Feliú, Dennis Kim-Prieto, Teresa Miguel

Vicenç Feliú

The debate regarding whether the origin of Louisiana civil law is based in the Spanish or in the French legal tradition has been ongoing since that state’s incorporation into the United States as a result of the Louisiana Purchase. Distinguished legal scholars have argued in favor of one tradition being dominant over the other, and each has been staunch in support of that view. This article proposes and demonstrates that the Spanish, not French, civil law had an enormous influence on the creation and evolution of Louisiana civil law, and that this legacy resonates today.

The article begins with ...


If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker 2010 University of Michigan Law School

If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker

Articles

Are lawyers mechanics? In 1920, photographer Lewis Hines took a striking photo of a powerhouse mechanic sure-handedly wielding a large wrench to tighten bolts on a steam pump. This picture may bring to mind many things, but I suspect that many legal writing professors in our (past or present) incarnations as practicing attorneys would not look at this image and think, "My job is a lot like that." Similarly, I assume that many of our students do not think of a lawyer's role in this way. Indeed, many of our students might have chosen to pursue a career in ...


A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton 2010 United States Court of Appeals for the Sixth Circuit

A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton

Michigan Law Review

I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has ...


Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda L. Berger 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda L. Berger

Scholarly Works

This is the transcript of Mercer Law Review’s Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship. In this Symposium Linda Edwards, among other panelists, discussed the work that goes into producing scholarship.


The Vitality Of The American Sovereign, Todd E. Pettys 2010 University of Iowa College of Law

The Vitality Of The American Sovereign, Todd E. Pettys

Michigan Law Review

The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither ...


Leaps And Bounds, Nestor M. Davidson 2010 University of Colorado Law School

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has ...


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Michigan Law Review

Part I of our Review discusses the central premises of Understanding Privacy, with particular attention paid to Solove's pragmatic methodology and his taxonomy of privacy. We introduce his pluralistic approach to conceptualizing privacy, which urges decision makers to assess privacy problems in context, and we explore his view that meaningful choices about privacy depend on an appreciation of how privacy benefits society as a whole. We also describe how Solove's taxonomy aims to account for the variety of activities that threaten privacy. In Part II, we analyze the strengths of Solove's pragmatism by demonstrating its functionality and ...


The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price

Scholarly Works

No abstract provided.


A Writing Life, Linda H. Edwards 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Writing Life, Linda H. Edwards

Scholarly Works

This essay was written on the occasion of the 25th anniversary of the Legal Writing Institute (LWI), celebrated at Mercer University School of Law, LWI’s current home. In a sense the essay is retrospective, for it is written to honor the scholars whose work has moved us toward a vision of legal writing scholarship and all it can offer. Many of those experienced and inspiring scholars have kindly offered their advice for inclusion in this essay. That advice is probably the most important content included here, and it is placed, appropriately, at the end of the text as the ...


Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda H. Edwards 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda H. Edwards

Scholarly Works

This is the transcript of Mercer Law Review’s Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship. In this Symposium Linda Edwards, among other panelists, discussed the work that goes into producing scholarship.


Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon 2010 Georgetown University Law Center

Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon

Georgetown Law Faculty Publications and Other Works

To examine how academic law libraries can respond to the call for more practice-oriented legal education, the authors compared trends in collection management decisions regarding secondary sources at academic and law firm libraries along with law firm librarians’ perceptions of law school legal research training of new associates.


An Autobiography Of A Digital Idea: From Waging War Against Laptops To Engaging Students With Laptops, Diana R. Donahoe 2010 Georgetown University Law Center

An Autobiography Of A Digital Idea: From Waging War Against Laptops To Engaging Students With Laptops, Diana R. Donahoe

Georgetown Law Faculty Publications and Other Works

This is an autobiographical account of my attempt to bridge the digital divide to meet students' changing needs. When I first began teaching at Georgetown University Law Center in 1993, I employed many traditional teaching techniques and used printed textbooks. However, laptops soon began peppering my classroom; at first there were only a few, and then suddenly almost every student was hiding behind a laptop. I noticed that my students were looking down at their screens, typing furiously, instead of watching me while I discussed my material written on the blackboard or projected overhead. When I realized that I was ...


Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom as a rhetorical community. Set next to popular depictions of formalism and realism (which live on, despite much criticism), rhetorical alternatives would look at how the law works by exploring the meaning-making process through which the law is constituted as human beings located within particular historical and cultural communities write, read, argue about, and decide legal issues.

Most students recognize the practical benefits of the course in Law & Rhetoric; they conclude that the course helps them become better rhetoricians because they are more aware and adept legal readers and writers, and they believe that better rhetoricians become better lawyers. I think this recognition that better rhetoricians become better lawyers carries with it something ...


The Legal Writing Institute: Celebrating 25 Years Of Teaching & Scholarship, Mary Beth Beazley 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Legal Writing Institute: Celebrating 25 Years Of Teaching & Scholarship, Mary Beth Beazley

Scholarly Works

Professor Beazley joins a panel of the elite of legal writing professors at Mercer University, celebrating the 25th anniversary of the Legal Writing Institute in this transcript of the proceedings.


The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger, Linda H. Edwards, Terrill Pollman 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger, Linda H. Edwards, Terrill Pollman

Scholarly Works

This article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this article, we map the contours of a third generation of legal writing scholarship - one that integrates the elements of our professional lives and allows us to engage more effectively with our professional ...


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