Law Commons^™

A Damn Hard Thing To Do, John H. Schlegel

Vanderbilt Law Review

Back in the mid-eighties, I offered a first year, second semester "un-elective" called American Legal Theory and American Legal Education. It scrunched together two history courses I had taught irregularly before. I liked the way the two topics fit together and still do, but with so many recalcitrant law students enrolled in it, the course was an unmitigated disaster. As is always the case with such attempts at offering perspective, amidst the shambles I had acquired at least a few devoted students. At the end of the last class one of them came up to the front to ask a …

A Case For Another Case Method, Todd D. Rakoff, Martha Minow

Vanderbilt Law Review

American legal education is pretty good. Generally speaking, it is rigorous, and generally speaking, students learn a lot. After three years in law school, students usually leave not only with knowledge of specific legal materials, but also with the sharp analytic skills and ability to work in existing legal institutions that people expect from lawyers. But our society is full of new problems demanding new solutions. Less so than in the past-less than in the 1930s and less than in the 1960s-are lawyers inventing those solutions. Much of the action is moving to graduates trained in other disciplines and professions, …

Six Degrees Of Cass Sunstein, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence and access. Paul Erdős was the Kevin Bacon of his field - math - coauthoring with a large number of scholars from many institutions and across subfields. Moreover, his work was highly cited and important. Mathematicians talk about their Erdős number (i.e., numbers of degrees of separation) as a sign of their connection to the hub of mathematics: An Erdős number of 2 means …

Professor Harold G. Maier At Pepperdine, W H. Bigham

Vanderbilt Journal of Transnational Law

A curious concatenation of events brought Hal Maier and me together, once again, in school year 2000-2001 at Malibu and Pepperdine. We had labored concurrently in the Vanderbilt vineyard for a decade and a half, where we were close friends and colleagues on the Vanderbilt Law School faculty--a time of thrilling growth and maturing in the law school. We went our separate ways at the end of the '70s, but on the invitation of a former Vanderbilt student of both of us, Pepperdine Dean Richard Lynn, whom I had recommended for a faculty position at Pepperdine years earlier, Hal Maier …

A Teacher's Teacher, Lonnie T. Brown Jr.

Vanderbilt Journal of Transnational Law

Jackie Robinson once said, "A life is not important except in the impact it has on other lives." By that measure, Harold Maier has led an extraordinarily important life. I know that he has had a profound impact on innumerable students throughout his career and upon one in particular. I continue to learn because Professor Maier inspired me, and I teach others because of the wonderful example he set. Though he has now left the classroom, Professor Maier's legacy as a teacher will always endure through the countless minds he has awakened and lives he has touched.

Four Decades Later, Robert Covington

Vanderbilt Journal of Transnational Law

Hal Maier and I have taught on the same faculty for four decades. I still like him and enjoy his company, and there are not many people of whom I can say that forty years later. We have agreed and differed with one another on a whole range of issues, from the shape of the first-year curriculum to politics and back again, but have managed to stay friends through it all. Perhaps this is because we could put our differences to one side in the interest of what we insisted was music back when Hal was the drummer and I …

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Vanderbilt Law School Faculty Publications

Empirical legal scholarship is arguably the most significant emerging intellectual movement. Empirical legal scholarship (ELS), as the term is generally used in law schools, refers to a specific type of empirical research: a model-based approach coupled with a quantitative method. This paper ranks law schools based on their place in the ELS movement and offers an essential ranking framework that can be adopted for other intellectual movements. A revised version of the paper was posted on October 11. The updated tables reflect additional data.

Filling In The ‘Larger Puzzle’: Clinical Scholarship In The Wake Of The Lawyering Process, Susan L. Kay, Frank Bloch, Susan L. Brooks, Alex J. Hurder

Vanderbilt Law School Faculty Publications

Gary Bellow's and Bea Moulton's The Lawyering Process challenged conventional legal education on every front, from the types of material included to the questions asked about law and lawyers. Their book has inspired a generation (or more) of clinicians to teach and think about law differently. In this article, the authors focus on the impact Bellow's and Moulton's book has had as a teaching text and as early clinical scholarship. The authors discuss four topics addressed in The Lawyering Process--the public role of lawyers, ethics and professionalism, theory of lawyering, and the clinical methodology-and how those topics are addressed in …

Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

When I was asked to speak on behalf of the students regarding Professor Charney's contributions to the Law School, I did initially wonder how closely my relationship with him mirrored the experiences of other students. I worked for him for almost two years as a research assistant for the American Journal of International Law; I spoke with him frequently, either in person or via e-mail, about various international legal issues; and he advised me on both my student note for the Vanderbilt Journal of Transnational Law and on my PhD dissertation. Thus, I knew the image that I had of …

Remarks On Jonathan I. Charney, Jeffrey Schoenblum

Vanderbilt Journal of Transnational Law

I have been asked to speak for 10 to 15 minutes about a very dear friend and colleague of 25 years, Jon Charney, specifically about his contribution to Vanderbilt Law School. It is difficult to encapsulate any professor's contribution over the course of 30 years in mere minutes. This is especially difficult in Jon Charney's case, because in my opinion, Jon made an extraordinary, extensive, and enduring contribution that has earned him a place in the pantheon, among the giants in the history of this Law School.

This might seem an odd assertion to those who were acquainted with Jon. …

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.

Comments Of A Commissioner, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …

Educating Russia's Future Lawyers--Any Role For The United States?, Jane M. Picker, Sidney P. Picker, Jr.

Vanderbilt Journal of Transnational Law

In the wake of the devaluation of the Russian ruble in 1998 and the resulting flight of foreign investment, which was exacerbated by allegations of massive corruption and capital flight at the highest levels of government in 1999, the question of an appropriate role for the United States in helping Russia to establish an environment able to attract and retain foreign and domestic capital, to maintain a viable globally integrated market-based economic system, and to create a stable civil society, is under discussion.

The authors believe that a viable market economy will not flourish in Russia until a more stable …

The Wisconsin Diploma Privilege: Try It, You'll Like It, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The big question that the Wisconsin diploma privilege raises is whether waivers into practice upon graduation can work outside the Dairy State. Is Wisconsin simply so unique that its successful experience cannot be replicated elsewhere? My conclusion is that there are certain characteristics that make Wisconsin a good site for the diploma privilege but that those characteristics are shared by several other states. These characteristics include (1) a small state with a relatively small practicing bar; (2) a close relationship between the bar, the judiciary, the legislature, and the law schools within the state; and (3) great regard between the …

Introduction: Attorney Well-Being In Large Firms, Kent D. Syverud

Vanderbilt Law Review

It took courage for Professor Patrick Schiltz to write the article that opens this symposium issue of the Vanderbilt Law Review. At the Notre Dame Law School, where Professor Schiltz teaches, as at the Vanderbilt University Law School and all elite schools, most graduates go to work in private practice, most often at large law firms. Professor Schiltz's portrayal of lawyers at such firms-as rich, overworked, unhappy, and often unethical--ought to be provocative and profoundly troubling to alumni at Vanderbilt and elsewhere. It will also be troubling to Deans, who struggle mightily each year to convince alumni to give money …

In Defense Of Author Prominence: A Reply To Crespi And Korobkin, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

We thank Greg Crespil and Russell Korobkin for their provocative responses to our author-prominence ranking of specialized law reviews. Crespi provides a thoughtful critique of the methodology we employ and the results we obtained. Korobkin shares some of Crespi's concerns, but he focuses his critique on the potential implications of our rankings (and rankings more generally). In this reply, we briefly address the more significant criticisms each of them raises.

Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi

Vanderbilt Journal of Transnational Law

This Article offers a thoughtful comparison of the legal educational systems of the United States and New Zealand. The author highlights the significant differences between these two legal educational systems by contrasting their admissions policies, clinical programs, "law-and-economics" electives, and staffing of required courses. Based on this analysis, the author concludes that although U.S. law schools are clearly "better," such superiority may have been achieved at too high of a cost, in terms of both the substantial resources now devoted to legal education which could otherwise be applied to alternative uses and the problematic effects of the stratified legal educational …

John W. Wade, John P. Frank

Vanderbilt Law Review

John Wade's most distinguishing quality was his capacity for friendship. He was a great scholar; his bibliography runs for pages. He was a great teacher and law school administrator; he took over the Vanderbilt Law School when it had a hundred students and no physical home of its own and built it into a great regional institution with an admirable building. He was a great reporter for the American Law Institute. He was a war hero.

But memory dwells especially on that capacity for friendship. I have read some of the memorial letters: Our colleague, Lawrence Walsh, in a handwritten …

Restating Strict Liability And Nuisance, Robert E. Keeton

Vanderbilt Law Review

John Wade was a master of the craft of restating the law. The American Law Institute ("ALI") benefitted especially from his distinctive service during development of the Restatement (Second) of Torts. It is fitting that we use, as a vehicle for honoring his service, an inquiry into a segment of tort law that was first considered in the decades just after the Institute was founded and remains, even today, among the most difficult areas of law to restate. This segment of tort law concerns the general theory of strict liability and the extent that it applies to nuisance cases.

To …

Dean John W. Wade, Gilbert S. Merritt

Vanderbilt Law Review

John Webster Wade, one of the outstanding men in the history of Nashville-an unsung hero at home, but a nationally acclaimed scholar and teacher in the world of law--died recently at age eighty- three without sufficient public notice and recognition. During his life, he had more influence on the shaping of the legal system and the law in Tennessee than any politician or judge, and he had as much influence on the national legal system as any other Tennessean of his generation.

As a young Marine Corps 2nd Lieutenant in World War II, he guided troops through the bloody battles …

Introduction: Dean John W. Wate -- A Fitting Tribute, Victor Schwartz

Vanderbilt Law Review

I express my deepest appreciation to the editors of the Vanderbilt Law Review for permitting me the honor of writing this tribute to Dean John W. Wade, my dear partner in scholarship and co-author for over two decades.

It is a privilege to join with the Honorable Gilbert S. Merritt, and distinguished attorney John Frank who have warmly, skillfully and accurately portrayed a few of the highlights of Dean Wade's distinguished life.

Dean Wade's scholastic works, extraordinary development of Vanderbilt Law School, and impact on the law of torts will always remain. His special skill in balancing his professional activities …

Late Night Confessions In The Hart And Wechsler Hotel, Ann Althouse

Vanderbilt Law Review

I began my work in this field about a decade ago, as a teacher, quite simply, trying to find some coherence, some sense in the notoriously complex doctrine. Finding a scheme of coherence, a framework, really is the process of understanding. To merely observe that the field is chaotic, arcane, or incoherent is to decline the work of understanding. That rejection of the subject matter may be a fair and appropriate reaction: witness my colleagues who regard Federal Courts as a "mind game" or a "crossword puzzle." (Indeed, vast numbers bf laypersons have this reaction to the entire subject of …

Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag

Vanderbilt Journal of Transnational Law

In this Article, Mr. Ostertag compares German and United States legal education. He believes that the differences in the two educational systems result from such factors as the separate development of the respective educational programs, the different training goals each system has for law students, and the relative significance of code law instruction and case method instruction. The author perceives a dichotomy between legal theory and practice, and he believes that law schools could bridge this gap through a comprehensive internship program that would expose students to all aspects of legal practice.

The Marginalist Revolution In Legal Thought, Herbert Hovenkamp

Vanderbilt Law Review

For legal policy the two most important scientific ideas of the nineteenth century were Darwinism and marginalism. Both became the starting points for the great revolutions in the social sciences that took place in the 1870s and later. The central principle of Darwinism is the theory of evolution by natural selection. Because nature produces many more offspring than each niche in the environment can accommodate, individuals of a particular species must compete to survive. Purely at random each individual acquires from its parents a set of characteristics that are different from those of any other individual. Those who inherit characteristics …

Law School Examinations, Philip C. Kissam

Vanderbilt Law Review

This Essay explores the values, limits, and adverse effects of our system of law school examinations. Law school examinations encourage or require students to acquire certain knowledge while measuring a kind of knowledge as well. Importantly, this process occurs within a context of political relationships between law schools, law firms, the legal profession, and the state, as well as between law school administrators, faculty, and students. This system of "power/knowledge"relationships constitutes the law school's basic mechanism of self-regulation or, more generally, a mechanism of social control over legal education. In this era of substantial uncertainty about purposes and methods in …

Keepers Of The Flame: Prosser And Keeton On The Law Of Torts, Craig Joyce

Vanderbilt Law Review

Rarely in the history of American legal education has one author's name been so clearly identified with his subject as the name of William L. Prosser is with the law of torts. Even today, fourteen years after his death in 1972, "Prosser on Torts" remains in the minds of students, teachers, the bench, and the bar alike a single thought, its parts indistinguishable one from the other. Indeed, the passage of time has done nothing to diminish the influence of the man on the subject. His articles remain landmarks in the development both of the literature of torts and of …

The Professional Responsibility Of The Law Professor: Three Neglected Questions, Monroe H. Freedman

Vanderbilt Law Review

Law professors have a great deal to say about the ethics of law practitioners. We write law review articles about lawyers' professional responsibilities, and we have participated in drafting codes of conduct for practicing lawyers.

Many of us bring to that task a significant perspective. We can be both informed about and detached from the pressures of daily practice. We are free of involvement or (worse yet) identification with particular clients. Indeed, in choosing to become law professors, we have made the choice to dissociate ourselves from contact with clients.

Not surprisingly, therefore, most law professors tend to minimize the …

Samuel Enoch Stumpf: A Man Of Many Dimensions, Joe B. Wyatt, Chancellor

Vanderbilt Law Review

For more than a generation, Professor Stumpf's students and colleagues have enjoyed the luxury of learning from a man whose own interests and expertise cross traditional lines in academic disciplines and whose analysis of problems, issues, and ideas arches high above the traveled paths of those disciplines.

Modern Property Law: Cases And Materials, Dale A. Whitman

Vanderbilt Law Review

Most book reviews attempt to analyze the subject matter of the book under review. Casebooks, however, serve different purposes than other books; they are teaching tools that are useful only in the hands of an effective teacher. The editors of Modern Property Law are law teachers, and so am I. The purpose of this book review is to offer, as a professor of law, a personal view of this property casebook and to consider how it would function in the classroom. I have not yet used the book in my own property course because at the time of this writing …

The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson

Vanderbilt Journal of Transnational Law

Japanese law is a fledgling topic of comparative law in this country. The rapid growth of bilateral business and the integration of the United States and Japanese economies in recent years suggest the need for increased attention to this area. This Article first examines the prewar antecedents and the postwar developments of Japanese law in English in this country. It then reviews the present law school environment for the study of Japanese law as a comparative law subject. Finally, it briefly addresses three key issues basic to the development of this subject.