Law Commons^™

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

The President's Column, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

China's Post-Modern Legal Research And Its Prospects（中国的后现代法学研究及其前景）, Meng Hou

Hou Meng

No abstract provided.

El Documento Y La Firma Digital En El Derecho Argentino, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

Make The Student The Professor, Katharine F. Nelson

Katharine F. Nelson

No abstract provided.

Mediation – Seven Fundamental Questions, John Wade

John Wade

In parts of many countries, mediation is a commonly used process for managing and resolving conflict. In many other places, mediation is virtually unknown in both practice and theory. People confuse mediation with meditation or medication. Why do these interesting anthropological variations exist? Why are the various forms of mediation relatively uncommon in Sweden?

A vast and growing literature is available on conflict management and mediation. This short comment will outline seven fundamental and recurring questions about mediation. Similar questions can be asked helpfully about every profession, including lawyering, plumbing and judging. Every lawyer should be able to answer these …

“Don’T Waste My Time On Negotiation And Mediation, This Dispute Needs A Judge.” Which Conflicts Need Judges? Which Conflicts Need Filing?, John Wade

John Wade

This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, …

Civility In The Academy, Robert Bennett

Robert B. Bennett

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.

Lawyers On Foreign Ground, Carole Silver

Carole Silver

No abstract provided.

The President's Column, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Nancy Levit

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

Reflections On Good (Law) Teaching, Mary Kate Kearney, Mary Jane Kearney

Mary Kate Kearney

No abstract provided.

President's Opening Remarks On The Status Of Legal Writing, Jane Kent Gionfriddo

Jane Kent Gionfriddo

"President's Opening Remarks on the Status of Legal Writing." LWI 2000 Conference, Thursday July 20, 2000. Legal Writing: The Journal of the Legal Writing Institute 7 (2001): [vii]-ix.

Teaching Restitution.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

Values And Lawyering Skills, John J. Capowski

John J. Capowski

No abstract provided.

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor

Sharon Hamby O'Connor

No abstract provided.