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Full-Text Articles in Law

"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman Jul 2001

"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman

Faculty Scholarship

The rise of rights talk is a subject that has gripped academia in recent years. Many historians of modem America are now searching for the origins of the rights revolution and the feverish use of rights arguments on the left and on the right. Two recent works of legal history tackle one part of this question with trailblazing interpretations, focusing on left-wing rights discourse and the successes of the civil rights movement. Both books offer compelling and well-written narratives of post-war legal issues, and they present innovative arguments that this revolution began in response to global crises.1 Richard Primus's …


Modeling: Placing Persuasion In Context, Myra G. Orlen Jan 2001

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.


Irish Legal History: An Overview And Guide To The Sources, Janet Sinder Jan 2001

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder

Faculty Scholarship

No abstract provided.


Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy Jan 2001

Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy

Faculty Scholarship

No abstract provided.


Researching International Environmental Law, Ronald E. Wheeler Jan 2001

Researching International Environmental Law, Ronald E. Wheeler

Faculty Scholarship

Question: I would like to use the Internet to research issues involving international law, specifically international environmental law. How can I access relevant information quickly if I have very little information to begin with?


Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman Jan 2001

Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman

Faculty Scholarship

In late March, a reporter called with news of a pirated copy of Professor Joseph Hoffinann's soon-to-be-published "attack" on our study, A Broken System: Error Rates in Capital Cases, 1973-1995. Did we care to comment? Obtaining our own copy revealed that Professor Hoffmann's fusillade missed its mark (he misstates what we did) and boomeranged (his mischaracterizations of our analysis accurately describe his own). We do care to comment, and Hoffmann and the Indiana Law Journal have graciously let us do so.

Hoffmann's main claim is that we "extrapolated" the 68% rate of reversible error we reported for capital verdicts …


Fear And Loathing Of Politics In The Legal Academy, William H. Simon Jan 2001

Fear And Loathing Of Politics In The Legal Academy, William H. Simon

Faculty Scholarship

In a recent lament about Bush v. Gore, Bruce Ackerman feared that the patent groundlessness of the opinion would convince many of a proposition he attributed to critical legal studies: that law is simply a form of politics.

This remark reflects two tendencies prominent at the Yale Law School in recent years: first, a preoccupation with a now extinct and never very successful movement of left legal academics, and second, a tendency to conflate this movement with the legal conservatism of Jusice Scalia and his collaborators at the University of Chicago and the Rehnquist Court.

These tendencies ride high …