Law Commons^™

The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene

Indiana Law Journal

No abstract provided.

Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade

Campbell Law Review

No abstract provided.

Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh

Michigan Law Review

From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by actual practice. Until now, the "presidential control" model has been largely impervious to this pattern. That model, which brings agency decision-making under the direction of the president, has strengthened over time, winning broad scholarly endorsement and bipartisan political support. But it, like prior models, relies on abstractions - for example, that the president represents public preferences and resists parochial pressures that do not hold up as a factual matter. …

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Michigan Law Review

This Article challenges a foundational assumption about eminent domain- namely, that owners are systematically undercompensated because they receive only fair market value for their property. In fact, scholars may have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of the eminent domain process. The Article examines three ways that "Takers" (i.e., nonjudicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high subjective value properties. (By way of illustration, Professor Garnett discusses evidence that Chicago's freeways were rerouted in the 1950s to avoid …

Index Of Books Reviewed, Michigan Law Review

Michigan Law Review

A listing of books reviewed in this issue.

On Letters Of Reference As Frames Of Reference, Roderick A. Macdonald, Alexandra Law

Dalhousie Law Journal

Requesting, writing and reading letters of reference are everyday features of academic life. Yet they are neglected as a matter of professorial training and their pedagogical importance is rarely acknowledged. This paper reviews various practical aspects of the reference process, with emphasis on its politics and ethics. It argues that letters of reference frame the lived experience of candidate, writer, reader and community-both for the present and the future.

Analyze This: Using Taxonomies To "Scaffold" Students' Legal Thinking And Writing Skills, Christine M. Venter

Mercer Law Review

Legal Writing

Many legal writing teachers speak glibly about training their students to think like lawyers, but have not necessarily tailored their pedagogy to meet that goal. If teachers are not clear and explicit in how they go about teaching students analytical skills, they cannot necessarily expect students to become experts in analysis. While it is true that over the course of their law school careers, most students will develop legal analytical skills through exposure to the law and by means of the Socratic method; teachers can do better. Lawyers pride themselves on precision. This Article argues that legal writing …

Contract As Statute, Stephen J. Choi, G. Mitu Gulati

Michigan Law Review

The traditional model of contract interpretation focuses on the "meeting of the minds." Parties agree on how to structure their respective obligations and rights and then specify their agreement in a written document. Gaps and ambiguities are inevitable. But where contract language exists for the point in contention and a dispute arises as to the meaning of this language, courts attempt to divine what the parties intended. Among the justifications for deferring to the intent of the parties is the assumption that parties know what is best for themselves. Deference also arguably furthers autonomy values. Not all contracts and contract …

When A Rose Isn’T “Arose” Isn’T Arroz: A Guide To Footnoting For Informational Clarity And Scholarly Discourse, William B.T. Mock

International Journal of Legal Information

The essence of footnoting is communication with the reader, but footnote communication that is literally subordinate to the primary text. What a footnote communicates therefore depends upon and extends what the primary text communicates, from telling the reader where to find the source of a reference made in the text through guiding the reader to the different ideas of other members of the invisible college of scholars in the field. By remaining sensitive to the purposes of different footnotes and the needs of the reader, effective footnoting can make a valuable contribution to scholarship.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 24 J. Marshall J. Computer & Info. L. 699 (2006), Chris Norris, Justin Sisemore, Anndi Queenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 733 (2006), Timothy T. Hsieh, Jennifer Simmen Lewin, Jerome C. Pandell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Uncovering The Past: Lessons From Doing Legal History, Annette Gordon-Reed

NYLS Law Review

No abstract provided.

Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen

NYLS Law Review

No abstract provided.

Fundamental Dimensions Of Law And Legal Education: An Historical Framework - A History Of U.S. Legal Education Phase I: From The Founding Of The Republic Until The 1860s, 39 J. Marshall L. Rev. 1041 (2006), Mark L. Jones

UIC Law Review

No abstract provided.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair

NYLS Law Review

No abstract provided.

“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin

NYLS Law Review

No abstract provided.

Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman

NYLS Law Review

No abstract provided.

Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin

Michigan Law Review

Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …

Forensic Linguistics: An Introduction To Language In The Justice System, By John Gibbons, Drury Stevenson

University of Colorado Law Review

John Gibbons's book Forensic Linguistics provides an excellent introduction to the different areas of interdisciplinary studies involving linguistics and law. Gibbons explores many of the unique linguistic features of legal writing and courtroom speech, and discusses legal regulation of inappropriate uses of language (threats, lies, etc). This review surveys each of these sections of Gibbons's work, and adds in depth critique on issues related to "audience design " in legal documents and the linguistic pitfalls of relying on trial transcripts.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” One To Seven, Michael Sinclair

NYLS Law Review

No abstract provided.

The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait

NYLS Law Review

No abstract provided.

The Life Of The Law Online, David R. Johnson

NYLS Law Review

No abstract provided.