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Full-Text Articles in Law

Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison Nov 2014

Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison

Jeffrey L Harrison

Periodically in the popular press and even in academic circles, the question arises of whether professors should be granted lifetime employment contracts based on a sample of four to six years of a probationary period. Further clouding the issue of how easily tenure should be granted is the question of what determines tenure. Is it a reward for past efforts or based on a forecast of future productivity? These concepts may seem like the same thing but they are not. Accordingly, the huge commitment of resources that occurs when tenure is granted paired with the Author's observations of pre-tenure scholars …


The Influence Of Law And Economics Scholarship On Contract Law: Impressions Twenty-Five Years Later, Jeffrey L. Harrison Nov 2014

The Influence Of Law And Economics Scholarship On Contract Law: Impressions Twenty-Five Years Later, Jeffrey L. Harrison

Jeffrey L Harrison

This is an update of a work done in conjunction with a contract law conference 25 years ago. My specific assignment was to assess the impact of law and economics scholarship on contract law. I responded by conducting an empirical study of judicial citations to selected law and economics works in order to ascertain the extent to which judges seemed to be relying on the teachings of law and economics. In effect, the effort was part of a general question that concerns all law professors: Does scholarship matter? I have repeated the study with respect to the scholarship sample selected …


The Discursive Failure In Comparative Tax Law, Omri Marian Nov 2014

The Discursive Failure In Comparative Tax Law, Omri Marian

Omri Y Marian

Tax comparatists tend to bemoan the grim status of their chosen field. Complaints are aimed both at the scarcity of decent comparative legal tax scholarship, and at the lack of a theoretical foundation for the study of comparative tax law. The purpose of this Article is to portray a more sanguine, yet critical, view of this field. Sanguine, since a sympathetic reading of contemporary comparative tax scholarship demonstrates that there is more than enough such scholarship to generate a lively debate on comparative tax works and their methodologies. Critical, since all of these works fail to produce even the faintest …


A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho Dec 2013

A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho

Jeremiah A. Ho

Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.


Feminist Lawyers And Political Change In Modern France, 1900-1940, Sara L. Kimble Dec 2013

Feminist Lawyers And Political Change In Modern France, 1900-1940, Sara L. Kimble

Sara L Kimble

No abstract provided.


"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble Dec 2013

"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble

Sara L Kimble

This research considers how French female lawyers participated in legal reform during the period from 1900 to 1940. Frenchwomen were admitted to the legal profession in 1900 by an act of parliament and this reform brought political implications in its wake. My research on the first cadres of female lawyers illustrates that that they were unusually political active. As unequal members of the profession and unequal citizens in the society many of these new professionals engaged in a vigorous defense of equality and justice.


The Short Paper, Scott Dodson Dec 2013

The Short Paper, Scott Dodson

Scott Dodson

Short papers have been relegated to secondary status primarily because of their length. But many scholarly papers of under 10,000 words have had monumental impact in legal thought. I argue for a reassessment of the short paper's value and offer some prescriptions for assimilating more openness to the short paper going forward.