Digital Commons Network^™

Oh, The Treatise!, Richard A. Danner

Faculty Scholarship

This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins …

Habeas Corpus Standing Alone: A Reply To Lee B. Kovarsky And Stephen I. Vladeck, Brandon L. Garrett

Faculty Scholarship

The differences between habeas corpus and due process are important. The Due Process Clause, among other things, regulates the procedures that the government must use before it detains a person and holds the person in custody. But the Suspension Clause safeguards a more elemental habeas privilege. That is, under the Suspension Clause, the judge examines the bare question of whether a person is being held in custody legally. In Habeas Corpus and Due Process, I focus on the independent role of the habeas process. The deep confusion between habeas corpus and due process arises from a critical area of overlap: …

A Temporary And Fond Farewell To The Edwin Dawson Rare Book Room, Femi Cadmus

Faculty Scholarship

No abstract provided.

Internal Compliance Officers In Jeopardy?, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.

Faculty Scholarship

Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.

However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …

Book Review, Ralf Michaels

Faculty Scholarship

No abstract provided.

The Politics Of Statutory Interpretation, Margaret H. Lemos

Faculty Scholarship

In a new book, Reading Law: The Interpretation of Legal Texts, Justice Antonin Scalia and Bryan Garner describe and defend the textualist methodology for which Justice Scalia is famous. For Scalia and Garner, the normative appeal of textualism lies in its objectivity: by focusing on text, context, and canons of construction, textualism offers protection against ideological judging—a way to separate law from politics. Yet, as Scalia and Garner well know, textualism is widely regarded as a politically conservative methodology. The charge of conservative bias is more common than it is concrete, but it reflects the notion that textualism narrows the …

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

Faculty Scholarship

No abstract provided.

Beyond Skills Training, Revisited: The Clinical Education Spiral, Carolyn Grose

Faculty Scholarship

No abstract provided.

Redefining Offer In Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone

Faculty Scholarship

No abstract provided.

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Theorizing Forms For Social Enterprise, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Parsing Parenthood, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Flunking The Class Of One/Failing Equal Protection, William D. Araiza

Faculty Scholarship

No abstract provided.

The Architecture Of Ignorance, Gregg P. Macey

Faculty Scholarship

No abstract provided.

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Fauna., Stacey Harter, Andrew David, John K. Reed, Harbor Branch Oceanographic Institute

Faculty Scholarship

Semi-Annual Report South Atlantic Shelf-edge MPAs and Deep-water Coral HAPCs Summary of Accomplishments to Date (April 1, 2013–September 30, 2013)

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Faunanoaa Ship Pisces Cruise 12-03 Uncw Super Phantom Rovjuly 6-19, 2012., John K. Reed, Stacey Harter, Stephanie Farrington, Andrew David, Harbor Branch Oceanographic Institute

Faculty Scholarship

A 14 day research cruise was conducted July 6-19, 2012, on the NOAA Ship Pisces with the UNCW Super Phantom ROV by NOAA National Marine Fisheries in collaboration with the Cooperative Institute for Ocean Exploration, Research, and Technology (CIOERT) at Harbor Branch Oceanographic Institute, Florida Atlantic University (HBOI-FAU), and other academic and federal partners (including NOAA NCCOS and University of North Carolina at Wilmington).

Recently, the South Atlantic Fishery Management Council (SAFMC) established eight deepwater Marine Protected Areas (MPAs) along the outer continental shelf off the southeastern U.S. This project is one of several research cruises to document and characterize …

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Fauna., Stacey Harter, Andrew David, John K. Reed

Faculty Scholarship

This cruise was conducted from July 6 to 19, 2012 in the previous reporting period, and a 731 page preliminary cruise report was submitted to the SAFMC on August 8, 2012 (Harter, Reed, David, and Farrington, 2012).

Binding Choices: Tax Elections & Federal/State Conformity, Heather M. Field

Faculty Scholarship

No abstract provided.

Reinhardt Is Right; Perry Is A Case About California, Matt Coles

Faculty Scholarship

No abstract provided.

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

Violence's Law Israel's Campaign To Transform International Legal Norms, George Bisharat

Faculty Scholarship

No abstract provided.

Neuroscientists In Court, David L. Faigman, Owen D. Jones, Anthony D. Wagner, Marcus E. Raichle

Faculty Scholarship

No abstract provided.

Intellectual Property Wrongs, Robin Feldman

Faculty Scholarship

No abstract provided.

Crimes Without Punishment An Update On Violence Against Women And Impunity In Guatemala, Karen Musalo, Blaine Bookey

Faculty Scholarship

No abstract provided.

Competing Normative Frameworks And The Limits Of Deterrence Theory Comments On Baker And Griffith "Ensuring Corporate Misconduct", Jodi L. Short

Faculty Scholarship

No abstract provided.

Professor Edward Cooper: The Quintessential Reporter, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Comment On “Excessive Ambitions (Ii)” By (Jon Elster), Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Better Ways To Study Regulatory Elephants, Jonathan B. Wiener, Brendon Swedlow, James K. Hammitt, Michael D. Rogers, Peter H. Sand

Faculty Scholarship

No abstract provided.