Law Commons^™

Afterword - Agape And Reframing, James Boyd White

Other Publications

In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as …

Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer

Other Publications

Today, we are going to be discussing how we think about transactional skills in an international context. It doesn't surprise me that this is a smaller group. This is a subspecialty, but let me just do a very quick survey of you. How many of you now in this room are teaching an international course? And what are you doing?

Kamisar, Yale, Jerold H. Israel

Other Publications

Kamisar, Yale (1929- ). Law professor. Born in the Bronx, N.Y., to an immigrant, working-class family of modest means and limited educational background, Kamisar received academic scholarships that enabled him to attend New York University (B.A., 1950) and, after enlisting in the army during the Korean War and winning a Purple Heart, Columbia Law School (LLB., 1954).

For Such A Time As This, John W. Reed

Other Publications

This essay is based on a talk at the annual meeting of the International Society of Barristers at Scottsdale, Arizona on March 17, 2006.

They're Playing A Tango, John W. Reed

Other Publications

This essay is based on a talk delivered by Professor Reed at the State Bar of Michigan's Annual Meeting on September 22, 2005, which was published in Michigan B. J. 84, no. 11 (2005): 16-8.

They're Playing A Tango, John W. Reed

Other Publications

An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.

Conclusion: 'If You Don't Pull Up . . .'., James J. White

Other Publications

Today I am going to talk about a lawyer duty that is just as important as the duty to exercise warm zeal on behalf of a client, but it is a duty that is unknown to the popular culture and rarely touched on in law school. That is the duty to say no to your client, to step in front of a client who is determined to do something stupid, or in violation of the civil or criminal law.

In Praise Of Thermostats, John W. Reed

Other Publications

Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.

The Changing Face Of Legal Education: Implications For The Practice Of Law And The Courts, John W. Reed

Other Publications

This is the last Conference of the Sixth Circuit in the 1900's. Though the Third Millennium technically does not begin until 2001, the turn of the "odometer" from the 1999 to 2000 leads us all to think of this as the end of a century and of a millennium. The pivotal date is yet sixth months away, but the pundits are already issuing their lists, both profound and trivial - the greatest inventions, the best books, the worst natural catastrophes, the trial of the century (of which there are at least a half dozen), the most influential thinkers, and on …

What We Know, James Boyd White

Other Publications

The editors of Cardozo Studies in Law and Literature, and its contrib­utors too, deserve congratulations for its ten years of most successful life. & a small contribution to this moment of celebration I should like to suggest a particular line of thought about what the reading of literature helps us to see about law.

Does Time Make Ancient Good Uncouth?, John W. Reed

Other Publications

The somewhat arch title of my remarks, which I'll explain later, came to me at the end of December, when all forms of the media were filled with references to the fast approaching turn of the calendar when we shall greet a twenty-first century and a third millennium. Whether it comes in with the year 2000, as popularly believed, or, more properly, the year 2001, it will be a time for reflection, for taking stock of ourselves and our world. Predictably, we already are inundated with pronouncements from pundits and politicians, from scientists and seers, from philosophers and fools. I …

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …

On Retiring From A Deanship, John W. Reed

Other Publications

The reason for the italicized "from" in the title of my remarks is to distinguish it from the comments that I made at our meeting in Tucson four years ago, under the title "On Retiring to a Deanship." For those of you who were not there, I should mention that five years ago, as I was about to reach retirement age at the University of Michigan Law School-what the late William L. Prosser used to call the age of mandatory senility-Wayne State University in Detroit asked me to serve as its dean for a term of five years. Lobbied by …

A Rededication, John W. Reed

Other Publications

The delivered keynote address during the April 18, 1988, dedication of the new Lansing courtroom of the United States District Court for the Western District of Michigan.

The Best Of Times, John W. Reed

Other Publications

As an academic I have occasion to visit from time to time with a wide variety of lawyers, lawyers of many types and interests: with plaintiffs' lawyers, defense counsel, insurance lawyers, house counsel; with lawyers who deal in family law, banking and corporate lawyers, anti-trust lawyers, legal aid lawyers; and on and on. And no matter whom I meet with, no matter what kind of practice or specialty, the one common theme I encounter in those discussions is concern about change, and the rate of change. Change in the applicable law itself. Change in the way that kind of law …

Two Views Of The Question: Are Law Schools Doing Their Job?, Terrance Sandalow, Robert B. Mckay

Other Publications

You have all heard the criticisms of lawyers, which I need not rehearse to this audience. Critics range from Aristotle, Jesus, Shakespeare, and Samuel Johnson to Jimmy Carter and Derek Bok; the cast of characters goes on and on. The criticism I like best, although in a way it is the most cutting of all, is what Samuel Johnson is alleged to have said about two centuries ago: "I do not like to speak ill of any man behind his back but I do believe he is a lawyer." It is always easy to bring people together, nonlawyers at least, …

The War On Diversity, John W. Reed

Other Publications

Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction of the federal courts. With the strong backing of the prestigious American Law Institute and many scholars, and with the support of the Chief Justice, Senator Kennedy, and others, specific proposals have been introduced in Congress, have been discussed at enormous length, and have passed one or the other House but not both. At the moment, therefore, we still have diversity jurisdiction, and it is safe to predict that abolition of diversity will not occur during the present session of Congress. Nevertheless, the long-term …

Specialization, Certification, And Exclusion In The Law Profession, John W. Reed

Other Publications

This essay is the published text of an informal address delivered on April 19, 1974 in conjunction with the University of Oklahoma College of Law's Enrichment Program.

Don't Speak Of Love, John W. Reed

Other Publications

I was asked to speak to you this morning about communication in the courtroom. Specifically I was told that this group, keenly interested in the trial process, would like to hear any comments I might offer on problems of persuading judges and jurors. If your delegate who invited me misread your interest, you still have time to move to the Lewis and CLark Room, down the hall, where, indeed, some of the most able communicators in the trial business are demonstrating what I shall only describe.

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Other Publications

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

The Bar Examination - Its Proper Time And Length, Edwin C. Goddard

Other Publications

IN our day and countery the bar examiner is the St. Peter of the legal heaven. He to whom the legal St. Peter openeth not must go below and live without the legal brotherhood. It was not always so. Not so long ago the admission gate (or bar) was kept by any member of the bench. This meant it was not kept at all, for no one was denied admission, and there is still at least one of the states of our Union where every voter of the state of good moral character has the constitutional right to admission as …

The Lawyer’S Duty To Be Faithful To His Own Manhood, Thomas M. Cooley

Other Publications

“On a previous occasion similar to this when I was invited to address a few parting words to a class of law students, I directed their attention specifically to their duty to observe fidelity to their clients. To-day I shall call your attention to a duty equally imperative, and perhaps still more often neglected, namely: the duty of fidelity to one’s own manhood....

“I shall have accomplished fully my purpose in these parting admonitions if I impress upon your convictions the paramount importance of observing in all your professional life the obligation of fidelity to truth, to justice, …

The State Of The Law: A Test Of National Progress, Thomas M. Cooley

Other Publications

“The work to which the student in law first addresses himself is the fixing in his mind of certain principles which are agreed upon, or are supposed to be, and which collectively constitute the body of the law…. The brief remarks that I shall make will be addressed to two points: 1. That the law of the land must in the main be the handiwork of those who administer and practice it, and 2, That the final and most satisfactory evidence of assured national advancement must be found in the state of the law….”

Hints To Young Lawyers. An Address Delivered To The Senior Class Of The Law Department Of The University Of Michigan, Thomas M. Cooley

Other Publications

Professor Cooley’s counsel to the gentlemen departing the Law Department: “To those of you who are about to bear away from this institution the certificate of its approbation, I have a few words to say in response to what I understand to be your desire, that my last address should be devoted to such hints of a practical character as may be of service to you in your professional career. The transition from the life of a student to that of a practicing lawyer is so great that it is not possible for one to be too well prepared by …

Law And Lawyers In Society: An Address Delivered Before The Graduating Class Of The Law Department Of The University Of Michigan, March 28, 1866, James V. Campbell

Other Publications

"We have spent some pleasant time together in searching out the foundations of the law. In studying its principles, you have acquired, I trust, a creditable amount of knowledge upon the special topics which are most likely to claim the attention of active lawyers ...."

"You need never fear to aim to high. The arrow never gravitates upward. The great danger among lawyers is, that they sometimes aim to low...."

Closing Remarks Of Prof J.V. Campbell To The Graduating Class Of The Law Department, March 21st, 1863., James V. Campbell

Other Publications

[The following remarks of Professor Campbell, at the close of his series of Law Lectures for the present year, having been unanimously requested by the class for publication, were kindly furnished by him. Being extempore, and prompted solely by the feelings and emotions of the hour, it is the wish of those who heard those words of counsel and farewell to publish them, verbatim, as delivered.] ....

"....But among our thoughts the question will arise, To what end have we been spending this long period in searching out and studying the principles of the law? ... Why then have …

On The Study Of Law: An Address At The Opening Of The Law Department Of The University Of Michigan, October 3, 1859, James V. Campbell

Other Publications

Professor Campbell's address on the occasion of the inauguration of the Department of Law at the University of Michigan, laying out the hopes for and expectations of the newly-created unit. He sweeps wide through the history of the State and the nobility of the profession: "Let everyone come to the study of the Law with a proper sense of its dignity and importance."