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Articles 1 - 6 of 6
Full-Text Articles in Law
Defending The Rule Of Law In An Era Of Cultural Fragmentation And Cynicism, David Barnhizer
Defending The Rule Of Law In An Era Of Cultural Fragmentation And Cynicism, David Barnhizer
David Barnhizer
Abandonment of a belief in the objectivity of knowledge, along with the postmodernist assertion that language, truth and power are intertwined has left us with a sense of profound uncertainty. This pervasive doubt extends to virtually all realms, including law. The sense of uncertainty causes us to struggle over the application of indeterminate rules written in indeterminate language applied to indeterminate contexts. At the core of our uncertainty in the context of the perceived integrity of the Rule of Law is that once our most important legal doctrines were disconnected from any belief in divine or natural sources of right …
Survival Strategies For "Ordinary" Law Schools, David Barnhizer
Survival Strategies For "Ordinary" Law Schools, David Barnhizer
David Barnhizer
This analysis is focused on approaches and actions that involve “ordinary” American law schools located in the middle range of competition that are not insulated from the worst of the trends. It is important to understand that for those “ordinary” law schools there is no single choice that could be effective in their struggle to adapt to the changing environment. The specific conditions for creating and implementing effective strategies vary depending on the particular law school, and the applicant and employment markets to which the school has access. These are further influenced positively or negatively by reputational and programmatic realities …
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
David Barnhizer
The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving …
Law School Enrollments And Adaptive Strategies, David Barnhizer
Law School Enrollments And Adaptive Strategies, David Barnhizer
David Barnhizer
There is no “national” or “global” law school enrollment crisis but a serious enrollment decline being experienced by a large number of law schools that requires adaptive strategies. Those strategies are not general but need to be designed and applied within a realistic understanding of the specific competitive marketplaces within which individual law schools are operating. In some cases not all obstacles can be overcome or problems fixed within a relevant timeframe. It is likely that some law schools will be forced to close their doors. And it is difficult to argue against that outcome in a number of instances. …
The Aging Of The American Law Professoriate, David Barnhizer
The Aging Of The American Law Professoriate, David Barnhizer
David Barnhizer
A recent (rather tasteless) article argued: “Professors approaching 70 … have an ethical obligation to step back and think seriously about quitting. If they do remain on the job, they should at least openly acknowledge they’re doing it mostly for themselves.” In “The Forever Professors: Academics Who Don’t Retire Are Greedy, Selfish, and Bad For Students”, the insensitive author added: “the number of professors 65 and older more than doubled between 2000 and 2011.” The author’s most intellectually savage comments were that: “faculty who delay retirement harm students, who in most cases would benefit from being taught by someone younger …
Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer
Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer
David Barnhizer
None of us can claim the quality of original insight achieved by Alexis de Tocqueville in his early 19th Century classic Democracy in America in his observation that the “soft” repression of democracy was unlike that in any other political form. It is impossible to deny that we in the US, the United Kingdom and Western Europe are experiencing just such a “gentle” drift of the kind that Tocqueville describes, losing our democratic integrity amid an increasingly “pretend” democracy. He explained: “[T]he supreme power [of government] then extends its arm over the whole community. It covers the surface of society …