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Articles 1 - 7 of 7
Full-Text Articles in Law
Judge Kozinski Objects, Beth H. Wilensky
Judge Kozinski Objects, Beth H. Wilensky
Articles
Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …
Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe
Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe
Articles
In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …
The Words Under The Words, Patrick Barry
The Words Under The Words, Patrick Barry
Articles
The words lawyers choose can change the decisions people make. Psychologists call the mechanics of this change “framing.” They’ve found, for example, that more people will decide to have a surgery if they are told that the “survival rate is 90%” than if they are told that the “mortality rate is 10%” — even though a survival rate of 90% is exactly the same as a mortality rate of 10%. They’ve also found that having to pay a “surcharge” for using a credit card rankles people (especially people in the credit card lobby) more than if they were simply told …
Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin
Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin
Law & Economics Working Papers
A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere" bankruptcy …
A Partial View Of China's Governance Trajectory, Nicholas Calcina Howson
A Partial View Of China's Governance Trajectory, Nicholas Calcina Howson
Reviews
Minxin Pei’s new book China’s Crony Capitalism: The Dynamics of Regime Decay recites in detail the morass of corruption and collusion in which the People’s Republic of China (PRC) party-state finds itself. Encyclopedic in scope, the book addresses corruption, extraction, and network formation in many of modern China’s formal settings—including in the Chinese Communist Party (CCP), the nomenklatura system, state institutions, enterprises, the investment sector, and the real property market, among others—but also in nonformal contexts such as the rise of the “local mafia state.” The book’s basic storyline is this: the PRC’s radical devolution of intertwined political power and …
Update Your Bookmarks! Great Sites For Effective Research, Nancy E. Vettorello
Update Your Bookmarks! Great Sites For Effective Research, Nancy E. Vettorello
Articles
There are more than one billion websites available online. Many are useful tools for attorneys, so it makes sense to review and refresh your favorite bookmarks regularly. While none of the many free sites offer the sophisticated search abilities of fee-based research services, a few minutes spent exploring free sites can help researchers significantly narrow their searches once they turn to a fee-based system. Remember to always take advantage of the advancesearch option when available on a free site. Free sites are offering increasingly sophisticated search options, such as Boolean and proximity searches, which were previously exclusive to paid services.
Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello
Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello
Articles
First-year associates will spend forty-five percent of their time on legal research; second- and third-year associates will spend thirty percent. And unfortunately, employers find their associates’ research skills lacking. This is not a new complaint. Employers have been complaining for more than a hundred years that recent law graduates cannot research well. None of this is lost on those who teach legal research, who have long debated the best way to do so. Techniques for teaching research have changed over time, and methods once thought appropriate were sometimes later disfavored. Changes were driven both by pedagogy and by the ever-changing …