Law Commons^™

Creating Effective Legal Research Exercises, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson

All Faculty Scholarship

From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …

Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner

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Address the problem of comparative law in the United States. Explains why comparative law matters. Gives reasons why U.S. lawyers are not learning from comparative law. These include lack of skills, lack of institutional supports, and legal structures that resist comparative law and an attitude that comparative law has little to teach.

The Impact Of The Americans With Disabilities Act On Legal Education And Academic Modifications For Disabled Law Students: An Empirical Study, Donald H. Stone

All Faculty Scholarship

Law schools face the challenge of providing disabled students with reasonable accommodations in their academic setting in a fair and equitable manner. Disabled law students continue to demand academic modifications in course examinations by claiming to be persons with mental or physical disabilities. Law schools are also beginning to see requests for extension of time for degree completion, priority in course registration, and authorization to tape record classes, all by virtue of an entitlement under the mandates of the Americans with Disabilities Act (ADA).

Persons with a wide range of disabilities are seeking academic modifications from their law schools. What …

Political Correctness Askew: Excesses In The Pursuit Of Minds And Manners, Kenneth Lasson

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Political Correctness, n., the avoidance of forms of expression or action that exclude, marginalise or insult racial and cultural minorities.
- Oxford English Dictionary (9th Edition)

All I want of you is a little seevility, and that of the commonest goddamnedest kind.
- Z. W. Pease, The History of New Bedford (1918)

Forgive us all our peccadilloes.

With the fullness of time, when all has been said and done in both the heat of the moment and the cooler perspective of experience, what has come to be called "Political Correctness" will be revealed as little more than passionate folly-merely another …

The Use And Effectiveness Of Various Learning Materials In An Evidence Class, Stephen J. Shapiro

All Faculty Scholarship

Like many law teachers, I take reasonable care in selecting the outside materials I require my students to use (or recommend to them) in preparing for class and studying for the exam. I base my choice on my own notions of what would be most helpful to them in learning the material, preparing for class, succeeding on the exam, and preparing to be lawyers. I carefully weigh such matters as length of assignment, interest to the students, and active versus passive learning.

My assessment, however, is based almost entirely on my own notions of what the students will find most …

Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth Samuels

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As a law teacher, I have observed these benefits of the case method, particularly with conducive appellate opinions and a skillfully assembled text. But I have also experienced, as I suspect most law teachers have, instances in which a case that lacks a sufficiently revealing narrative seems to mystify more than elucidate. One example is the case of Brown v. Voss, which appears in a number of property law casebooks, including the widely used Property by Jesse Dukeminier and James E. Krier. In Brown v. Voss the State of Washington Supreme Court departs, in a somewhat disingenuous way, from an …

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

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What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

Campuses And Common Sense, Kenneth Lasson

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No abstract provided.

Mad Dogs And Englishmen: Pierson V. Post [A Ditty Dedicated To Freshman Law Students, Confused On The Merits], Kenneth Lasson

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Mad dogs and Englishmen go out in the mid-day sun. They bark, they pant, they rave and rant, but most of all they run. A monkey's uncle might have tea or sip some lemonade. Why, even donkeys (turkeys, too) seek shelter in the shade. But mad dogs and Englishmen go out in the mid-day sun.

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

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This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …

Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson

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In 1937, when Fred Rodell issued his once-famous diatribe, some 150 law-related journals were being published (not to mention thousands of local newspapers and countless full-color comic books). Now there are over eight hundred legal periodicals (not to mention a drastically dwindled number of daily papers, and precious few comics). Both Solomon and Rodell have been all but forgotten. What, indeed, have we wrought? Although Rodell predicted his original panning would have no effect, could he have anticipated the sheer dimensions of this worst-case scenario - that his "professional purveyors of pretentious poppycock" would have spawned so furiously, that the …

The Making Of A Law Teacher, Odeana R. Neal

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At a meeting of the Northeast Corridor in October, 1990, Paulette Caldwell wondered aloud whether black women law teachers might be carrying on a cultural tradition of teaching. Her inquiry struck a chord with me that I hadn't heard in a long time. When I was very young, I wanted to be a teacher. I tutored younger children when I was in elementary school and commandeered a math class in junior high school after the teacher challenged me to "get up here and teach the class if you think you can do it better than I can." I thought I …

Panel Discussion On Self-Regulation, Robert H. Lande

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No abstract provided.

Book Reviews: "Antitrust Law And Economics": Responding To An Ivory Tower Critique, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Antitrust Synthesis, Robert H. Lande

All Faculty Scholarship

No abstract provided.