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New Ways To Teach Drafting And Drafting Ethics, Karen J. Sneddon Jan 2011

New Ways To Teach Drafting And Drafting Ethics, Karen J. Sneddon

Articles

Good morning. My name is Karen Sneddon. Today, Sue Chesler and I are going to showcase a technique to incorporate issues of ethics and professionalism into a drafting course. And that technique is Teaching Drafting Ethics Using Video Vignettes. Of course we know at this point that Carnegie’s Educating Lawyers, CLEA's Best Practices have reinvigorated examination of law school curricula, mostly especially with the inclusion of transactional based skills increasing the awareness of issues involving professionalism and ethics. As those transactional focused courses are being added to the curriculum, professors are striving for a way to infuse those issues of …


Why Writing Workshop?, Indiana Partnership For Young Writers Jan 2011

Why Writing Workshop?, Indiana Partnership For Young Writers

Articles

We believe writing workshop is the instructional framework that best supports all students. Through rigorous teaching, students learn to write with clear vision and skillful intention, positioning them well for lifelong academic and workplace success.


Rankings: Does What Gets Counted Get Done?, Ellen Hazelkorn Jan 2011

Rankings: Does What Gets Counted Get Done?, Ellen Hazelkorn

Articles

Much of the debate around rankings has focused on methodological problems—which indicators and weightings, the credibility of the statistical process, and why (or why not) inconsistencies arise. There are also complaints about the overreliance on research rather than teaching. Yet, there has been little commentary about the increasing use of quantitative methodologies to drive decision making at the national or institutional level—what I call policymaking by numbers. The same issues arise about performance indicators, in general.
Have rankings accelerated this trend? And, because indicators incentivize
behavior, are we measuring what counts or are we doing what gets measured—a classic case …


Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren Jan 2011

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Articles

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …


Edmund Burke’S Aims In Publishing Reflections On The Revolution In France (1790), Stephen Carruthers Jan 2011

Edmund Burke’S Aims In Publishing Reflections On The Revolution In France (1790), Stephen Carruthers

Articles

In this paper, I examine three critical aspects of Burke's beliefs, principles, and political judgment at the time of the outbreak of the French Revolution and examine how they assist in explaining different and less public strands in his motivation to publish the Reflections on the Revolution in France (1790): his views on religion and in particular his attitude to Dissenters; the state of his political career and inf1uence in 1789 as a semi-detached member of the Foxite Whigs; and finally how he saw the publication of the ideas and arguments in the Reflections as a necessary step to maintain …


Littoral Rights Under The Takings Doctrine: The Clash Between The Ius Naturale And Stop The Beach Renourishment The Very Idea Of Judicial Takings, Richard A. Epstein Jan 2011

Littoral Rights Under The Takings Doctrine: The Clash Between The Ius Naturale And Stop The Beach Renourishment The Very Idea Of Judicial Takings, Richard A. Epstein

Articles

No abstract provided.


After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case Jan 2011

After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case

Articles

No abstract provided.


Realism About Judges, Richard A. Posner Jan 2011

Realism About Judges, Richard A. Posner

Articles

No abstract provided.


The Bluebook Blues (Reviewing Harvard Law Review Association, The Bluebook: A Uniform System Of Citation (19th Ed., 2010)), Richard A. Posner Jan 2011

The Bluebook Blues (Reviewing Harvard Law Review Association, The Bluebook: A Uniform System Of Citation (19th Ed., 2010)), Richard A. Posner

Articles

No abstract provided.


Nietzsche’S Naturalism Reconsidered, Brian Leiter Jan 2011

Nietzsche’S Naturalism Reconsidered, Brian Leiter

Articles

According to one recent scholar, “Most commentators on Nietzsche would agree that he is in a broad sense a naturalist in his mature philosophy” (Janaway 2007: 34). This may come as a surprise to those who think of Martin Heidegger, Walter Kaufmann, Paul DeMan, Sarah Kofman, and Alexander Nehamas, among others, as “commentators” on Nietzsche. And yet there are, indeed, clear signs that in the last twenty years, as Nietzsche studies has become more philosophically sophisticated, the naturalist reading of Nietzsche has come to the fore, certainly in Anglophone scholarship.1 In Nietzsche on Morality (Leiter 2002), I set out …


Enforcing Bargains In An Ongoing Marriage, Mary Anne Case Jan 2011

Enforcing Bargains In An Ongoing Marriage, Mary Anne Case

Articles

No abstract provided.


Beware Of Prods And Pleas: A Defense Of The Conventional Views On Tort And Administrative Law In The Context Of Global Warming, Richard A. Epstein Jan 2011

Beware Of Prods And Pleas: A Defense Of The Conventional Views On Tort And Administrative Law In The Context Of Global Warming, Richard A. Epstein

Articles

No abstract provided.


The Protection Of 'Hot News': Putting Balganesh’S 'Enduring Myth' About International New Service V. Associated Press In Perspective, Richard A. Epstein Jan 2011

The Protection Of 'Hot News': Putting Balganesh’S 'Enduring Myth' About International New Service V. Associated Press In Perspective, Richard A. Epstein

Articles

No abstract provided.


Efficient Breach Of International Law: Optimal Remedies, Legalized Noncompliance, And Related Issues, Eric A. Posner, Alan O. Sykes Jan 2011

Efficient Breach Of International Law: Optimal Remedies, Legalized Noncompliance, And Related Issues, Eric A. Posner, Alan O. Sykes

Articles

In much of the scholarly literature on international law, there is a tendency to condemn violations of the law and to leave it at that. If all violations of international law were indeed undesirable, this tendency would be unobjectionable. We argue in this Article, however that a variety of circumstances arise under which violations of international law are desirable from an economic standpoint. The reasons why are much the same as the reasons why nonperformance of private contracts is sometimes desirable- the concept of "efficient breach," familiar to modern students of contract law, has direct applicability to international law. As …


Do We Have A Living Constitution?, David A. Strauss Jan 2011

Do We Have A Living Constitution?, David A. Strauss

Articles

No abstract provided.


Summary Judgment And The Law Of Unintended Consequences, Diane P. Wood Jan 2011

Summary Judgment And The Law Of Unintended Consequences, Diane P. Wood

Articles

No abstract provided.


Signing Unconstitutional Laws, William Baude Jan 2011

Signing Unconstitutional Laws, William Baude

Articles

It has become fairly common for Presidents to sign laws that they think are unconstitutional, at least in part. Some scholars argue that this is unconstitutional. Others defend it, but on pragmatic grounds, as if one cannot afford to be a constitutional formalist in today’s government. Both sides are wrong. In a wide range of cases, there is nothing wrong with signing unconstitutional laws. Indeed, it is required. Yet the President must exercise this power responsibly. He must have other constitutional duties that justify signing the remainder of the bill into law, and he must be prepared to use his …


The Flaws Of Foreign Affairs Legalism, Daniel Abebe, Eric A. Posner Jan 2011

The Flaws Of Foreign Affairs Legalism, Daniel Abebe, Eric A. Posner

Articles

Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist role in foreign relations than they have in the past. Foreign affairs legalists believe that greater judicial involvement in foreign relations would curb executive abuses and promote adherence to international law. This Article argues that foreign affairs legalism rests on implausible assumptions about the incentives and capacities of courts. In U.S. history, the executive has given more support to international law than the …


Eavesdropping On The Vox Populi (Reviewing Pauline Maier, Ratification: The People Debate The Constitution, 1787- 1788 (2010) & Jack Rakove, Revolutionaries: A New History Of The Invention Of America (2010)), Alison Lacroix Jan 2011

Eavesdropping On The Vox Populi (Reviewing Pauline Maier, Ratification: The People Debate The Constitution, 1787- 1788 (2010) & Jack Rakove, Revolutionaries: A New History Of The Invention Of America (2010)), Alison Lacroix

Articles

Eavesdropping on the Vox Populi (reviewing Pauline Maier, Ratification: The People Debate the Constitution, 1787- 1788 (2010) & Jack Rakove, Revolutionaries: A New History of The Invention of America (2010))


Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, Richard A. Epstein, F. Scott Kieff Jan 2011

Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, Richard A. Epstein, F. Scott Kieff

Articles

Many advocates for using compulsory licensing (CL) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this Article we take issue with that proposition on several grounds. As a textual matter, the "commercially reasonable terms" language in Article 31 of TRIPS, even when qualified by the Doha declaration, prevents any host nation from using whatever royalties it wants in its CL arrangements, especially those that are below marginal cost. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for …


Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein Jan 2011

Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein

Articles

No abstract provided.


An Economic Interpretation Of The Pashtunwali, Tom Ginsburg Jan 2011

An Economic Interpretation Of The Pashtunwali, Tom Ginsburg

Articles

No abstract provided.


Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles Jan 2011

Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles

Articles

The recent growth of empirical scholarship in law, which some have termed "empirical legal studies," has received much attention. A less-noticed implication of this trend is its potential impact on the manner of scholarly production in legal academia. A common prediction is that academic collaboration rises with scholarly specialization. As the complexity of a field grows, more human capital and more diverse types of human capital are needed to make a contribution. This Article presents two tests of whether empiricism has spurred more coauthorship in law. First, the Article shows that the fraction of articles in the top fifteen law …


On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton Jan 2011

On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton

Articles

Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …


Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Luke's In Defense Of False Consciousness Governance And Power, Bernard E. Harcourt Jan 2011

Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Luke's In Defense Of False Consciousness Governance And Power, Bernard E. Harcourt

Articles

No abstract provided.


The Political Path Of Detention Policy, Aziz Huq Jan 2011

The Political Path Of Detention Policy, Aziz Huq

Articles

No abstract provided.


Rhetoric And Reality In Early American Legal History: A Reply To Gordon Wood, Alison Lacroix Jan 2011

Rhetoric And Reality In Early American Legal History: A Reply To Gordon Wood, Alison Lacroix

Articles

No abstract provided.


Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln Jan 2011

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

Articles

No abstract provided.


Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart Jan 2011

Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart

Articles

In recent years a significant amount of the literature in the field of librarianship has focused on providing greater access to library facilities to clients with disabilities. There has been constructive debate about accessible buildings, ergonomic design of library facilities, and assistive technologies; but, what of individual people with disabilities who wish to work in libraries? Does the concern for accessibility extend to their employment in the library workplace? What is happening in Irish academic libraries to accommodate them in their employment and achieve equality of opportunities?


Regulation For The Sake Of Appearance, Adam M. Samaha Jan 2011

Regulation For The Sake Of Appearance, Adam M. Samaha

Articles

Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …