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Articles 1 - 20 of 20

Full-Text Articles in Law

Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach Jan 2012

Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach

All Faculty Scholarship

No abstract provided.


Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus Jan 2011

Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus

All Faculty Scholarship

A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …


Time Out, Stephen B. Burbank Jan 2009

Time Out, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman Jan 2007

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Aug 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Working Paper Series

This article examines the ethical dimensions of the controversy over no-citation rules and current publication practices. In the literature concerning that controversy, ethical concerns are often mentioned, but usually in tandem with other concerns. Professor Caudill isolates and categorizes the different types of ethical dilemmas, and demonstrates that at different levels of the controversy, the ethical concerns are different. He identifies three levels--the controversy over no-citation rules, the broader controversy over publication practices, and the even broader controversy over privatization of law (the so-called disappearing trial, ADR, and the end of law as we know it).


Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


Extending The Revisionist Project, Lewis Grossman Jan 2002

Extending The Revisionist Project, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Roles Of Litigation, Stephen B. Burbank Jan 2002

The Roles Of Litigation, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson Jan 2000

The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The World In Our Courts, Stephen B. Burbank May 1991

The World In Our Courts, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank Jan 1989

Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Costs Of Complexity, Stephen B. Burbank Apr 1987

The Costs Of Complexity, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank Jan 1986

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank Jan 1985

Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank Jan 1983

Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


What Is A Question Of Law?, Arthur W. Phelps Jan 1949

What Is A Question Of Law?, Arthur W. Phelps

Faculty Publications

No abstract provided.


The Notice Of Motion And Modern Procedural Reform, Arthur W. Phelps Jan 1949

The Notice Of Motion And Modern Procedural Reform, Arthur W. Phelps

Faculty Publications

No abstract provided.