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Articles 1 - 30 of 1045
Full-Text Articles in Law
Feedback Loops: Going Negative, Patrick Barry
Feedback Loops: Going Negative, Patrick Barry
Articles
Aelet Fishbach is a professor at the University of Chicago Booth School of Business who has studied how people seek out and process negative feedback. One of the ways she has done this is through a classroom exercise in which she divides the students into two groups: feedback givers and feedback receivers. The givers are told to pair up with a receiver and communicate the following feedback in a one-on-one setting: The person's performance s unsatisfactory; improvement is needed; and there are concrete ways they can get on the right track.
The Discipline Of Breaks: Making Time For Rest (And Revisions) In Legal Writing, Patrick Barry
The Discipline Of Breaks: Making Time For Rest (And Revisions) In Legal Writing, Patrick Barry
Other Publications
Editing your work involves the tricky business of finding the right mental distance between two versions of yourself: the version that did the drafting and the version that now needs to do the revising. Mastering that kind of cognitive division is not always an easy task.
Researching Antitrust Law, Keith Lacy
Researching Antitrust Law, Keith Lacy
Law Librarian Scholarship
Antitrust is a dynamic area of law subject to rapid change. It is highly sensitive to the attitudes of regulators and market conditions, always looking forward to how decisions made today will affect businesses and the lives of individual consumers. Current events — and passionate consumers, or fans — can incur “Swift” antitrust scrutiny, as Live Nation Entertainment discovered recently.
Yet it is inextricably linked to more abstract considerations. The term “antitrust” is itself archaic, reflecting animosity to a business practice innovated by Standard Oil in 1882. Understanding the history of antitrust actions often requires understanding something of history broadly …
Feedback Loops: More Valuable Than Money, Patrick Barry
Feedback Loops: More Valuable Than Money, Patrick Barry
Articles
In an essay called "Secrets of Positive Feedback,” Douglas Conant, the former CEO of Campbell Soup Company, shares a key element of the leadership style that helped him resurrect Campbell’s from financial ruin in 2001 and turn it into both a highly profitable business by the time he stepped down in 2011 and an award-winning, much more inclusive workplace: During his ten years at the helm, he wrote more than 30,000 thank-you notes to his employees and customers.
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker
Reviews
With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in …
Feedback Loops: Appreciators, Coaches, & Evaluators, Patrick Barry
Feedback Loops: Appreciators, Coaches, & Evaluators, Patrick Barry
Articles
No individual person is likely to be able to satisfy all of our feedback needs. Which is why I tell my students to assemble a “Feedback Board of Directors.” Focus in particular, I tell them, on recruiting people who can collectively provide what Douglas Stone and Sheila Heen of Harvard Law School identify as the three basic forms of feedback in their book “Thanks for the Feedback”:
Flawless First Draft In Legal Writing: A Fantasy Of The Uninitiated, Patrick Barry
Flawless First Draft In Legal Writing: A Fantasy Of The Uninitiated, Patrick Barry
Other Publications
I recently received an email from a former student (now a public interest lawyer) who had just finished a major writing project. She wanted to thank me for introducing her to the psychologically liberating concept of “shitty first drafts.” Without it, she said, she probably would have never hit her deadline.
Outsourcing Agency Rulemaking, Christopher J. Walker
Outsourcing Agency Rulemaking, Christopher J. Walker
Reviews
When it comes to understanding the political dynamics of agency rulemaking, the place to start is Rachel Potter’s book Bending the Rules: Procedural Politicking in the Bureaucracy, about which the Yale Journal on Regulation published a blog symposium in 2019. Through a mix of qualitative and quantitative methods, Potter explores how agency officials—both career civil servants and political appointees—play a role in the rulemaking process and leverage procedural rules to help advance their preferred policy outcomes.
Feedback Loops: Feedback Fundamentals, Patrick Barry
Feedback Loops: Feedback Fundamentals, Patrick Barry
Books
Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.”
This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:
“One of the most memorable and useful classes I have taken in law school!”
“Excellent, full stop.”
“This class was always a fun highlight of my week.”
Editing And Advocacy, Patrick Barry
Editing And Advocacy, Patrick Barry
Books
Good editors don’t just see the sentence that was written. They see the sentence that might have been written. They know how to spot words that shouldn’t be included and summon up ones that haven’t yet appeared. Their value comes not just from preventing mistakes but from discovering new ways to improve a piece of writing’s style, structure, and overall impact.
This book— which is based on a popular course taught at the University of Chicago Law School, the University of Michigan Law School, and the UCLA School of Law— is designed to help you become one of those editors. …
Locating Free And Low-Cost Secondary Sources In Michigan, Cody James
Locating Free And Low-Cost Secondary Sources In Michigan, Cody James
Law Librarian Scholarship
Secondary sources are all the legal resources that describe what the law is without actually having the force of law. For example, treatises, law review articles, and practice series are secondary sources while statutes, regulations, and cases are primary sources. Although secondary sources are not binding authority, they provide valuable, up-to-date insight and commentary about existing laws. These insights are especially useful when handling matters outside of an attorney’s usual areas of practice.
Unfortunately, secondary sources are not cheap — consider that a full set of Michigan Civil Jurisprudence has a retail cost of $25,119. That said, a lot of …
Feedback Loops: E-D-I-T, Patrick Barry
Feedback Loops: E-D-I-T, Patrick Barry
Articles
The Keep/Cut Framework we learned about back in the December 2022 Feedback Loops column is, admittedly, a bit of a blunt feedback instrument. When the only feedback you can give is “Keep” or “Cut,” there’s not a ton of room for nuance or gradation. Your comments are restricted to either endorsing what already exists or pushing for something to be removed. hat’s a pretty limited menu.
So in both this column and in the June 2023 column, we’re going to learn about a feedback framework that creates opportunities for a greater range of opinions and recommendations: “E-D-I-T.”
Hierarchy, Race & Gender In Legal Scholarly Networks, Nicholson W. Price, Keerthana Nunna, Jonathan Tietz
Hierarchy, Race & Gender In Legal Scholarly Networks, Nicholson W. Price, Keerthana Nunna, Jonathan Tietz
Articles
A potent myth of legal academic scholarship is that it is mostly meritocratic and mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgments paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those factors. The landscape …
Allow Me To Transform: A Black Guy’S Guide To A New Constitution, Brandon Hasbrouck
Allow Me To Transform: A Black Guy’S Guide To A New Constitution, Brandon Hasbrouck
Michigan Law Review
A Review of Allow Me to Retort: A Black Guy’s Guide to the Constitution. By Elie Mystal.
Mothers In Law, Melissa Murray
Mothers In Law, Melissa Murray
Michigan Law Review
A Review of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. By Tomiko Brown-Nagin.
Disrupting Carceral Logic In Family Policing, Cynthia Godsoe
Disrupting Carceral Logic In Family Policing, Cynthia Godsoe
Michigan Law Review
A Review of Torn Apart: How the Child Welfare System Destroys Black Families and How Abolition Can Build a Safer World, By Dorothy Roberts.
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Michigan Law Review
A Review of Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro.
Policing Queer Sexuality, Ari Ezra Waldman
Policing Queer Sexuality, Ari Ezra Waldman
Michigan Law Review
A Review of Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall. By Anna Lvovsky.
Beyond “Big Government”: Toward New Legal Histories Of The New Deal Order’S End, Gabriel L. Levine
Beyond “Big Government”: Toward New Legal Histories Of The New Deal Order’S End, Gabriel L. Levine
Michigan Law Review
A Review of Public Citizens: The Attack on Big Government and the Remaking of American Liberalism. By Paul Sabin.
An Order, Most Fixed, Alexandra D. Lahav
An Order, Most Fixed, Alexandra D. Lahav
Michigan Law Review
A Review of Rules: A Short History of What We Live By. By Lorraine Daston.
Sisters Gonna Work It Out: Black Women As Reformers And Radicals In The Criminal Legal System, Paul Butler
Sisters Gonna Work It Out: Black Women As Reformers And Radicals In The Criminal Legal System, Paul Butler
Michigan Law Review
A Review of Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell and a review of Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson.
Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth
Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth
Michigan Law Review
A Review of Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Michigan Law Review
A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
The Indian Child Welfare Act In The Multiverse, M. Alexander Pearl
The Indian Child Welfare Act In The Multiverse, M. Alexander Pearl
Michigan Law Review
A Review of Adoptive Couple v. Baby Girl By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Michigan Law Review
A Review of Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa.
Résumé Review: Breadth And Depth, Patrick Barry
Résumé Review: Breadth And Depth, Patrick Barry
Articles
Nobody is born knowing how to craft an effective résumé. But because the document can play a major role in a young lawyer’s career, I often talk with law students and new attorneys about how they might revise the versions they send out to potential employers. I usually frame my advice by telling them about a concept that can give their resumes a helpful organizing structure: being “T-shaped.”
An Appeal To Books, Amir H. Ali
An Appeal To Books, Amir H. Ali
Michigan Law Review
This feels a fit, even urgent, moment to celebrate our books and the role they play vis-à-vis the law, the courts, and the truth.
As this issue goes to print, our nation’s highest court faces forceful criticism that some of its most significant decisions have been detached from objective fact. In recent Terms, the Supreme Court’s majority has doubled down on deciding major constitutional questions based on “history and tradition”—that is, the majority’s understanding of what the nation was like centuries ago. Just as quickly as these justices praised the objectivity of their fealty to history, they met widespread rebuke …
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Michigan Law Review
A Review of McCleskey v. Kemp. By Mario Barnes, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 557, 581. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Akhil Amar’S Unusable Past, Gregory Ablavsky
Akhil Amar’S Unusable Past, Gregory Ablavsky
Michigan Law Review
A Review of The Words That Made Us: America’s Constitutional Conversation, 1760–1840. By Akhil Reed Amar.
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Michigan Law Review
A Review of Demystifying Disability: What to Know, What to Say, and How to Be and Ally. By Emily Ladau and Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell By Paul A. Lombardo.