Digital Commons Network^™

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Hofstra Law Review

No abstract provided.

The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

Journal Articles

In these materials, we set out a road map for the task of reforming the jurisprudence of threats and an articulation of its rationale under the First Amendment. In addition, we examine the basic jurisprudence of the federal criminal law, in particular, its traditional roots in notions of individual responsibility based on personal conduct and state of mind. In Part I, we analyze the district court and the Ninth Circuit opinions in the American Coalition litigation. In Part II, we trace the traditional theory and practice of free speech under the First Amendment, rooted in the history and various rationales …

Law Schools As Legal Education Centers, Martin H. Belsky

Akron Law Faculty Publications

Legal education in the early twentieth century was divided into three concurrent paths-study at one of the "elite" law schools, consisting of mostly full-time students already possessing a college degree; study at one of the other mostly part-time practice based schools; and a course of study with a practitioner/mentor outside of formal educational institutions. ... Graduation was a serious event, as students were already thinking about passing the bar exam. ... Some of the reasons that law schools can deliver legal education to elementary and secondary students, obviously apply to junior college, college, and non-law school graduate and professional education …

Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer

Journal Articles

The first-year introductory course in property law is about all that is left of the traditional black-box curriculum. It is where beginning law students cope with and despair of the arcana of English common law; where, with more detachment than, say, in the torts course, analysis of appellate opinions is what "thinking like a lawyer" means, with no more than peripheral and begrudging attention to modem legislation and administrative law; where legal reasoning is a stretching exercise and initiatory discipline. And, incidentally, surviving bravely the rude invasion of teachers of public law, it is where a teaching lawyer can point …

Empirical Work In Family Law, Margaret F. Brinig

Journal Articles

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …

The Promise Of A Post-Genocide Constitution: Healing Rwandan Spirit Injuries, Adrien Katherine Wing, Mark Richard Johnson

Michigan Journal of Race and Law

This Article hopes to extend Critical Race Theory's social construction of race theory by emphasizing ethnicity as well as race. The Rwandans are undoubtedly within the so-called "Black race." Historically, they have also been socially constructed as consisting of different races and ethnicities, even though many scholars and Rwandans do not see ethnic, much less racial, distinctions. Some of these Rwandans who did see such differences participated in the genocide.

The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner

Faculty Articles

No abstract provided.

Preface, George Critchlow

Journal of Hate Studies

The Gonzaga Institute for Action Against Hate was founded by Gonzaga University in 1998 to fight hate through education, research, and advocacy. Its genesis derived from concerns surrounding the apparent increase in the phenomenon of hate—especially racial and religious hate—as it manifested itself on campuses and in communities throughout the country. The prevalence of hate crimes, organized hate groups, and hateful Internet sites prompted the University community to reflect upon ways that Gonzaga—a Jesuit institution —might provide a more enduring and substantive contribution to the understanding of how hate afflicts campus life, community life, society in general, and the world. …

Christian Identity: An American Heresy, David Ostendorf

Journal of Hate Studies

Christian Identity is a belief system so strange, indeed bizarre, that most Americans who know anything about it dismiss it outright and relegate those who believe it to the quaint and quirky fringes of the nation’s religious subcultures.

How seriously, for example, can one take the notion that God created Adam as a white man and that other races are sub-human? Or the belief that the lost tribes of Israel traversed Europe, landed in Great Britain, and crossed the Atlantic to inherit—as white Christian racialists—the promises of God? Or that Jesus came only to reach out to and save this …

Getting To Survivance: An Essay About The Role Of Mythologies In Law, Jo Carrillo

Faculty Scholarship

No abstract provided.

Reflections On Racism And World Order, Winston P. Nagan

University of Florida Journal of Law & Public Policy

No abstract provided.

Economic Justice And Economic Theory: Limiting The Reach Of Neoclassical Ideology, Charles R.P. Pouncy

University of Florida Journal of Law & Public Policy

No abstract provided.

Racism In Higher Education, Gwendolyn Zoharah Simmons

University of Florida Journal of Law & Public Policy

No abstract provided.

Emperor's New Clothes: Mediation Mythology And Markets, The, Susan S. Silbey

Journal of Dispute Resolution

The Emperor's New Clothes is a very modem tale about carving out market niches, about generating and feeding unreasonable desires, and about the power of conformity within emergent occupations and powerful professions.

"Kennewick Man" Or "Ancient One"? - A Matter Of Interpretation, Maura A. Flood

Montana Law Review

"Kennewick Man" or "Ancient One"? - A Matter of Interpretation

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Connor

Vanderbilt Law School Faculty Publications

This piece is a response to an article by Andrew Guzman, which proffers an efficiency framework for choice-of-law problems in interjurisdictional conflicts. The response incorporates insights from public choice theory into choice of law to draw two conclusions. First, public choice theory confounds our attempts to draw normative conclusions about efficient choice-of-law policies. Second, assuming that we can overcome these difficulties to ascertain the content of efficient choice-of-law policies, public choice theory exposes the practical difficulties of moving courts toward more efficient choice-of-law decisions. In short, the problem is both more difficult and more elusive than others, including Guzman, have …

On Apology And Consilience, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

Bicentennial Man - The New Millennium Assimilationism And The Foreigner Among Us, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz

American Indian Law Review

No abstract provided.

The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny

American Indian Law Review

No abstract provided.

Lawyers And Decisions: A Model Of Practical Judgment, Alexander W. Scherr

Scholarly Works

What do lawyers do, and how do they think in practice? Certainly, lawyers analyze law, and apply it to facts: the law school answer. This article proposes a more fluid notion: that lawyering prompts a mindfulness associated with decision-making, a mindfulness that engages and integrates a number of different capacities. Lawyers engage in a complex and unique thought process that relies only partially on rigorous analysis of legal principle. Lawyers must also integrate non-legal and even non-conceptual realities in considering client decisions. This integration emerges from the lawyer-client relationship and flexes to the demands characteristic of lawyering tasks. Lawyering is …

Real As Pro Wrestling: Johns Hopkins University V. Cellpro And The Federal Court's Power Of Review In Patent Infringement Actions, Gretchen Dunbar

Santa Clara High Technology Law Journal

No abstract provided.

Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura

Michigan Journal of International Law

Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …

Gabrielino/Tongva Bibliography, Brianne Gillen, G. Edward Evans

Librarian Publications & Presentations

This bibliography brings together publications about the Gabrielino/Tongva Nation of Southern California. It includes books, periodical and newspaper articles, dissertations, and government documents, and covers the Nation’s rich history, from prehistoric times to the present. The bibliography is inspired by Mary La Lone’s Gabrielino Indians of Southern California: An Annotated Ethnohistoric Bibliography, and continues where she left off in 1976. Her bibliography contained 182 items, all of which are included in this volume as well as 374 items post 1976.

One of the goals of the project was to acquire as many of the items for the Loyola Marymount University …

Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik

Fordham Law Review

No abstract provided.

Ethnography And The Idealized Accounts Of Science In Law, David S. Caudill

San Diego Law Review

n Part I, I confirm the idealizations of science in law and their implications for legal scholarship and practice. In Part II, I describe the ethnographic method used by science studies scholars, with reference to my own ethnographic analysis of interviews with three neuroscientists. I conclude Part II by identifying various social aspects of science that comprise a complex picture of scientific activity. In Part ill, I discuss the implications of ethnomethodology for trial practice, including deposition analysis, Daubert-type hearings, cross-examination techniques, and drafting jury instructions. Part IV addresses anticipated criticisms of my arguments.

Feminist Legal Writing, Kathryn M. Stanchi

San Diego Law Review

Because feminist legal advocates must use legal writing to persuade

their audience and push for change in the law, they must confront the dilemma of whether to follow legal writing conventions and risk altering or losing their feminist message or whether to break from convention and risk losing the legal audience. Feminist legal scholarship, in many different ways, has made great progress in dealing with this dilemma. The focus of this Article, however, is on several pieces of feminist legal scholarship that have confronted the dilemma by pushing the bounds of conventional legal language and legal writing. These pieces, by …

War And The Business Corporation, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article addresses the relationship between modern warfare and business corporations. The Article begins by considering the nature of war, emphasizing the effects of globalization and the changing importance of national boundaries. The Article reviews leading theories of war and focuses on how the growth of multinational corporations in economic and political power has begun to rival the power of nation-states. Next, the Article addresses the nature of the business corporation in the context of modern war by surveying standard legal, ethical, and economic understandings of corporate governance. The Article concludes by arguing that the recognition of the moral and …

"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main

Scholarly Works

No abstract provided.