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Full-Text Articles in Law
Thinking, Big And Small, Stephen B. Burbank
Thinking, Big And Small, Stephen B. Burbank
University of Michigan Journal of Law Reform
Reading Kahneman's book and thinking about a tribute to Ed Cooper that has more substance than a bouquet have caused me to reflect on a phenomenon within the world of legal scholarship. I would call it a cognate phenomenon, but that would dishonor the empirical basis of Kahneman's work by suggesting a firmer basis for my reflections than the power of analogical reasoning. The phenomenon is the view that the goal of legal scholarship is or should be big ideas, particularly if they can claim the mantle of theory, rather than small ideas, particularly if they can be tarred with …
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
University of Michigan Journal of Law Reform
In this brief essay, I will describe some of what I have learned from Ed Cooper as a fellow participant in the rulemaking process and as a coauthor of two volumes of his Federal Practice and Procedure treatise. To describe everything that Ed has taught me would require much more than the length of this essay. So instead, I will try to offer some representative examples-or, as Ed might say, some "sketches." Because others will discuss Ed's expert guidance of the Rules Committees' consideration of key issues concerning the Civil Rules, my discussion of Ed's scholarship and reporting work will …