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Full-Text Articles in Law

Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle Jul 2020

Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle

Articles

Through the eyes of Charles Pendleton’s memoirs, this article walks through a rural community with a county attorney to consider how race, religion, gender, and sexuality influenced rural prosecutorial discretion in the early twentieth century. Rural communities like those in Buena Vista County, Iowa, where the article is centered, experienced “the law” through distinctly isolated geographies and social networks that lacked anonymity and thus shaped available methods of conflict resolution. But anonymity did not mean homogeneity. Ethnic, racial, and religious diversity created divisions within a community where social distance between individuals was small. Both onymity and diversity shaped who ...


Honoring Sally Jewell, Charles Wilkinson Jan 2020

Honoring Sally Jewell, Charles Wilkinson

Articles

No abstract provided.


Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture Jan 2020

Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture

Articles

No abstract provided.


Harry Flechtner--A True Teacher/Scholar, With Rhythm, Ronald A. Brand Jan 2019

Harry Flechtner--A True Teacher/Scholar, With Rhythm, Ronald A. Brand

Articles

This is a tribute to Professor Emeritus Harry Flechtner upon his retirement from the University of Pittsburgh School of Law. Professor Flechtner was a leading scholar on the United Nations Convention on Contracts for the International Sale of Goods (CISG), a stellar teacher, a musician who used that skill in the classroom as well as the Vienna Konzerthaus, and a genuinely nice person.


Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman Oct 2018

Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman

Articles

President Trump announced his nomination of Neil Gorsuch — the sixth most senior judge on a federal appellate court in the hinterland—for a seat on the Supreme Court in a formal, nationally televised ceremony. Judge Gorsuch squeezed the shoulder of his wife, a gesture that signaled not only his thrill at the nomination but his joy at being able to share it with her. There followed a bitterly partisan process, featuring hearings at which the nominee testified and deflected questions about his substantive views. A change in the Senate rules, ending the possibility of a filibuster, was necessary to bring ...


Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang Jan 2018

Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang

Articles

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach ...


The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli Jan 2017

The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli

Articles

No abstract provided.


Is Legal Scholarship Worth Its Cost?, Paul Campos Jan 2017

Is Legal Scholarship Worth Its Cost?, Paul Campos

Articles

No abstract provided.


From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos Sep 2016

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

Articles

If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that ...


On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins Jan 2016

On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins

Articles

The life of Judge Harry T. Edwards is one very much steeped in writing. His passion dates back at least to his years at Uniondale High School when he was the editor of the school newspaper. In the legal realm, that passion traces back to 1964 and his days on the Michigan Law Review when he published two student Notes. In the half-century since then, Judge Edwards has authored six books and more than 90 scholarly articles or essays. As a lawyer, educator, administrator, arbitrator, and now jurist, Harry Edwards has put his ideas into print concerning an array of ...


Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser Jan 2016

Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser

Articles

This Closing Fireside Chat was the final session of the 16th annual Silicon Flatirons Center conference, The Digital Broadband Migration: The Evolving Industry Structure of the Digital Broadband Landscape, held on Feb. 1, 2016 in the Wittemyer Courtroom of the University of Colorado Law School.

"At the time this conference was held, William J. Baer was Assistant Attorney General for Antitrust in the United States Department of Justice. On April 17, 2016, President Obama asked Mr. Baer to become Acting Associate Attorney General of the United States. Video of this interview with Assistant Attorney General Baer is available at https ...


Jack Sammons As Therapist, Jospeh Vining Jan 2015

Jack Sammons As Therapist, Jospeh Vining

Articles

Jack Sammons is well known as a pioneer in making the practice of law a field of academic study and teaching. He is also an original and penetrating analyst of law as such. This essay comments on his recent work, especially his putting the way we understand law and the way we understand music side by side and drawing out the parallels between them. Many will find his work a revelation.


Reading John Noonan, Jospeh Vining Jan 2014

Reading John Noonan, Jospeh Vining

Articles

John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.


Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson Jan 2013

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

Articles

No abstract provided.


From Space-Off To Represented Space, Lolita Buckner Inniss Jan 2013

From Space-Off To Represented Space, Lolita Buckner Inniss

Articles

In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, and power ...


Justice Stevens's Black Leather Arm Chair, Kathryn A. Watts Jan 2012

Justice Stevens's Black Leather Arm Chair, Kathryn A. Watts

Articles

As a law clerk to Justice Stevens in the October Term 2002, I felt that the very best part of the job came almost every afternoon. Without any advance warning, the Justice would get up from his desk and walk through chambers to the law clerks’ main office and plop down into a well-worn black leather arm chair that formed part of a cozy seating area flanked by tall bookshelves filled with volumes of case reporters and the United States Code.

As soon as the Justice started settling himself into his arm chair, my co-clerks and I all knew that ...


The Digital Collections At Colorado Law, Robert M. Linz Jan 2012

The Digital Collections At Colorado Law, Robert M. Linz

Articles

No abstract provided.


Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang Jan 2012

Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang

Articles

I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have ...


David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter Jan 2012

David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter

Articles

No abstract provided.


Craig Callen: Tributes From The Evidence Community, Richard D. Friedman Dec 2011

Craig Callen: Tributes From The Evidence Community, Richard D. Friedman

Articles

At the wonderful memorial service for Craig Callen held at MSU shortly after his death in April, I had the honor, by reason of proximity, to appear in effect as the representative of nationwide, and even worldwide, community of scholars that has felt his death very deeply. I am grateful for the opportunity to perform this same function in print.


David H. Getches: 1942-2011, James N. Corbridge, Jr. Jan 2011

David H. Getches: 1942-2011, James N. Corbridge, Jr.

Articles

No abstract provided.


Eric Stein, Theodore J. St. Antoine Jan 2011

Eric Stein, Theodore J. St. Antoine

Articles

Eric Stein was one of the wisest, shrewdest, most broadly knowledgeable, and most benign human beings I have ever known. Since others can speak more authoritatively about Eric's scholarship and his contributions to international law, I am going to concentrate on him personally and on his relationships with his Michigan Law School colleagues.


Dores Mccree, Theodore J. St. Antoine Jan 2011

Dores Mccree, Theodore J. St. Antoine

Articles

Dores McCree had an unusual combination of great qualities. She was totally dedicated to her role as a career advisor to students at the Law School and relentlessly persistent in pursuing opportunities for them among her large, nationwide group of lawyer friends. Yet she could be very hard-headed and realistic in appraising the qualifications of an individual candidate for a particular position. "John or Mary," she would say in that warm, disarming, and totally persuasive voice of hers, "I just don't think that job is the right fit for you. Let's find something better."


Tribute: Dores Mccrary Mccree, David L. Chambers Jan 2011

Tribute: Dores Mccrary Mccree, David L. Chambers

Articles

Dores McCree made your day a little better whenever she walked into a room. When you talked with her, you knew her goal was simply to enjoy your company, not to get something out of you, and not to show herself off. She was good at talking and good at listening. She'd cock her head slightly and ask questions to which she really cared about the answers. On more than one occasion, I had to jockey with others to be able to sit with her at a dinner.


What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell Jan 2010

What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell

Articles

Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not ...


The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff Jan 2010

The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff

Articles

To many, American Indian law is a remote and anomalous area of the law. To others, including Professor Phil Frickey, themes in American Indian law are central to our identity as a nation, and lessons from the field inform broader understandings of the competencies and limitations of the federal judiciary. One of Professor Frickey’s recurring scholarly arguments is that the federal courts are most within their areas of institutional competence when they approach contemporary Indian law questions as structural disputes between sovereigns, rather than as individual conflicts amenable to the application of mainstream public law values. An event described ...


Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell Jan 2010

Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell

Articles

What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a ...


In Memoriam: David P. Leonard, Richard D. Friedman Jan 2010

In Memoriam: David P. Leonard, Richard D. Friedman

Articles

In all significant respects but longevity, David Leonard was - and I am confident that he believed himself to be - a lucky man. Saddened as I am that our association was cut so terribly short, I feel lucky that we had it for as long as we did. And I am sure that his family, his students, his colleagues, and those in the wider legal world who were graced not only by his wisdom but also by his essential goodness, feel the same way.


The Filaments Of The Vicarious, Jospeh Vining Jan 2010

The Filaments Of The Vicarious, Jospeh Vining

Articles

Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and ...


In Memoriam: Professor Richard E. Speidel; 1933-2008, James J. White Jan 2009

In Memoriam: Professor Richard E. Speidel; 1933-2008, James J. White

Articles

I first met Dick Speidel in 1968 when he, Bob Summers, and I started work on the first edition of our Commercial Transactions casebook. Work on the several editions of that casebook was the excuse for many wonderful, bibulous meetings in Charlottesville, Ithaca, and Ann Arbor. Those meetings were filled with exuberant debate in which Dick always favored the underdog. Only grudgingly did Bob and I succumb to Dick's insistence that we include a new topic called "consumer law"; I am certain that we forced Dick to swallow many formalist cases and rightwing notes, but he was too charitable ...