Law Commons^™

Not Since Thomas Jefferson Dined Alone: For Geoff Hazard At 80, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Lrw Program Design: A Manifesto For The Future, Eric Easton

All Faculty Scholarship

All of us have, at one time or another, had occasion to consider, or reconsider, our program model. The trigger may have been a new dean; the prospect of a sabbatical inspection; a budget crisis or financial windfall; a faculty champion or saboteur; some-thing we learned at a Legal Writing Institute (LWI) or Association of Legal Writing Directors conference; or merely the cycle of bureaucratic reorganization. Those reconsiderations have led to a great diversity of Legal Research and Writing (LRW) program models: two-, three-, four-, and all-semester programs; adjunct-, contract-, and tenure-track staffing; and directors, co-directors, and no directors. Reconsiderations …

Cost And Fee Allocation In Civil Procedure, James Maxeiner

All Faculty Scholarship

Court costs in American civil procedure are allocated to the loser ("loser pays") as elsewhere in the civilized world. As Theodor Sedgwick, America's first expert on damages opined, it is matter of inherent justice that the party found in the wrong should indemnify the party in the right for the expenses of litigation. Yet attorneys' fees are not allocated this way in the United States: they are allowed to fall on the party that incurs them (the ''American rule," better, the American practice). According to Albert Ehrenzweig, Austrian judge, emigre and then prominent American law professor, the American practice is …

A Dean's Perspective On Ed Baker, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson

All Faculty Scholarship

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Need For Prosecutorial Discretion, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

A Dean Of Character, Joel K. Goldstein

All Faculty Scholarship

Jeff Lewis’s deanship will be remembered for the tangible contributions it made to the development of Saint Louis University School of Law (the School) and to the University of which it is an important part. The size of the faculty increased dramatically through entry-level and lateral hiring (the latter something rarely done before). More resources were made available to support faculty scholarly activities. The School intensified its commitment to clinical and practical skills training, the curriculum was expanded and arranged in a coherent manner to better prepare students for practice, and small-section classes were introduced. The School’s program centers were …

Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen

All Faculty Scholarship

No abstract provided.

A Wise Man Of The Law, Anthony J. Scirica

All Faculty Scholarship

No abstract provided.

It's The Law! Applying The Law Is The Missing Measure Of Civil Law / Common Law Convergence, James Maxeiner

All Faculty Scholarship

It’s the Law! The application of law to facts is a measure of convergence of common and civil law systems of civil procedure that is missing from our program. The previous session addressed “Getting Straight to the Facts” and “Getting Results.” Facts and results are fine, but what of the law and of its application? Should not applying law have pride of place in systems of civil justice? Should not it be the measure of convergence?

The measure of convergence that I propose is whether methods of applying law to facts are converging. Applying law to facts is the principal …