Law Commons^™

The Ideal Collaborative Partner: A Tribute To Jana Singer, Jane C. Murphy

All Faculty Scholarship

Collaboration has been defined as a “pervasive, long-term relationship in which participants recognize common goals and objectives, share more tasks, and participate in extensive planning and implementation.” I feel most fortunate to have had a collaborative partnership with Jana Singer for almost three decades. I am fortunate because such relationships are uncommon among legal scholars, given the “individualistic culture” of law schools and law professors. Even more unusual, I found in Jana a scholarly partner with all the qualities of the ideal collaborator: strong intellect, enthusiasm, curiosity, generosity, and humility. Since the early days of our academic careers, Jana and …

Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado

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The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this …

Law School Culture And The Lost Art Of Collaboration: Why Don't Law Professors Play Well With Others, Michael I. Meyerson

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I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so …

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

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This article seeks to demonstrate the negative effects of law schools’ preoccupations with enhancing their image and marketing strategy, especially as they are reflected in both scholarship and academic freedom.

Miscalculating Welfare, Michael B. Dorff, Kimberly Kessler Ferzan

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In their quest to maximize efficiency, law and economics scholars often produce novel, creative, and counterintuitive legal rules. Indeed, legal economists have argued for baby selling, against anti-discrimination laws in the workplace, and for insider trading. In this essay, we discuss some concerns about this form of legal scholarship that privileges the creative and counterintuitive over the fair, mundane, and intuitive. Drawing on a range of empirical evidence, this essay argues that the failure to include, and to give sufficient weight to, fairness preferences undermines legal economists' policy recommendations. Specifically, after setting forth three examples of this phenomenon, in the …

Bounded Rationality And Legal Scholarship, Matthew D. Adler

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Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker’s goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for expected utility theory, as demonstrated in the work of Leonard Savage. Problems arise, however, when the decisionmaker is boundedly …

Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner

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The 2007 Carnegie Foundation report on legal education, Educating Lawyers: Preparation for the Profession of Law, is eerily reminiscent of the Foundation's 1914 Report, The Common Law and the Case Method in American University Law School. This article compares the two reports. It commends the 1914 report for its broad comparative civil/common law perspective that is unsurpassed to this day. It shows how the two reports view the case method similarly, but with significantly different emphases. The 2007 report counts the case method as academic, while the 1914 report sees it as practical. It shows how the two reports, while …

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

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Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy

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The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.

The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …

Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson

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In 1937, when Fred Rodell issued his once-famous diatribe, some 150 law-related journals were being published (not to mention thousands of local newspapers and countless full-color comic books). Now there are over eight hundred legal periodicals (not to mention a drastically dwindled number of daily papers, and precious few comics). Both Solomon and Rodell have been all but forgotten. What, indeed, have we wrought? Although Rodell predicted his original panning would have no effect, could he have anticipated the sheer dimensions of this worst-case scenario - that his "professional purveyors of pretentious poppycock" would have spawned so furiously, that the …