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Full-Text Articles in Law
Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider
Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider
Articles
Enough. The living will has failed, and it is time to say so. We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs. Nor can any degree of tinkering ever make the living will an effective instrument of social policy. As the evidence of failure has mounted, living wills have …
Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce
Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce
Articles
The State Bar Legal Education Committee is now the Legal Education and Professional Standards Committee. This marriage seems an apt occasion to raise, through the prism of students, the issue of trust in client relations, though not in the traditional sense of "getting the client to trust me." Rather, the more ignored "getting me to trust the client" is the focus.
What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt
What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt
Articles
No abstract provided.
"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen
"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen
Articles
No abstract provided.
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
Articles
I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …
Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining
Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining
Articles
We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …
The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia
The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia
Articles
The Pro Bono Priority is a two-part feature on pro bono service in Michigan law schools. in Crossing the Bar, the column of the Legal Education Committee, Dolores M. Coulter discusses how Michigan law schools measure up to the recommendations made in Learning to Serve, the report of the Commission on Pro Bono and Public Service Opportunities from the Association of American Law Schools. In the Access to Justice column, Robert E. Precht and Suellyn Scarnecchia focus specifically on the University of MichiHgan's unique approach to pro bono service.
Myths And Facts About Affirmative Action, Richard O. Lempert, David L. Chambers, Terry K. Adams
Myths And Facts About Affirmative Action, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
The case against affirmative action in admissions to institutions of higher education is based on the moral attractiveness of colorblind decision making and buttressed by a sense that such programs are not just unfair but pointless. Their intended beneficiaries, the argument goes, are put in situations in which they are unable to compete with whites and not only perform poorly but are destructively demoralized in the process. Common to arguments against affirmative action in admissions is a belief that minorities advantaged by it displace whites who are more deserving of admission because they have accomplished more, can better benefit from …
Essay: Recent Trends In American Legal Education, Paul D. Reingold
Essay: Recent Trends In American Legal Education, Paul D. Reingold
Articles
An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …
Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin
Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin
Articles
There are several obstacles to training and supporting pediatric lawyers. Children are a relatively new group of clients and law schools have not traditionally provided pediatric training. The required training is particularly challenging to deliver because it is inherently interdisciplinary, requiring faculty and students to look outside of the law school to obtain necessary knowledge. The greatest obstacle to developing the careers of pediatric lawyers is the low pay and low prestige typically afforded children's lawyers. As a result, law students reasonably question the likelihood of developing a successful career in the field. The number of available jobs is limited …
Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams
Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
Before making a few remarks in response to those who commented on our article (Lempert, Chambers, and Adams 2000), we would like to express our gratitude to the editors of Law and Social Inquiry for securing these commentaries and to the people who wrote them. The comments both highlight the potential uses to which our research and similar studies may be put and give us the opportunity to address methodological concerns and questions that other readers of our article may share with those who commented on it. The responses to our work are of two types. Professors Nelson, Payne, and …
Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams
Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by …
Learning And Serving: Pro Bono Legal Services By Law Students, David L. Chambers, Cynthia F. Adcock
Learning And Serving: Pro Bono Legal Services By Law Students, David L. Chambers, Cynthia F. Adcock
Articles
All lawyers' codes of professional ethics in the United States expect members of the bar to perform legal services for low-income persons. In practice, as we all know, many lawyers perform a great deal of such service while others do little or none. By much the same token, the accreditation rules of the American Bar Association urge all law schools to provide students with opportunities to do pro bono legal work; by much the same token, some schools in the United States have extensive programs for their students but many do not. In 1998, the Association of American Law Schools …
(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri
Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams
Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams
Articles
Of the more than 1,000 law students attending the University of Michigan Law School in the spring of 1965, only one was African American. The Law School faculty, in response, decided to develop a program to attract more African American students. One element of this program was the authorization of a deliberately race-conscious admissiosn process. By the mid-1970s, at least 25 African American students were represented in each graduating class. By the late 1970s, Latino and Native American students were included in the program as well. Over the nearly three decades between 1970 and 1998, the admissions efforts and goals …
The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams
The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams
Articles
In the spring of 1965, only one African American student and no Latino students attended the University of Michigan Law School. At the time, Michigan, like most American law schools, was a training place for white males. In 1966, the law school faculty adopted a new admissions policy that took race into account as a plus factor in the admissions process. This policy of affirmative action has taken many forms over the years, but, across the decades of the 1970's, the 1980's and the 1990's, about 800 African Americans, 350 Latinos, 200 Asian Americans and 100 Native Americans have graduated …
The Gift Of Language, Joseph Vining
The Gift Of Language, Joseph Vining
Articles
Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …
The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia
The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia
Articles
In clinic, students get a glance at the lawyer they will be someday. They gain confidence that, indeed, they will be a "good" lawyer. They understand the context in which their classroom learning will be applied. In short, they are able to integrate their law school experience.
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
Articles
Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Articles
Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …
Meaning In The Life Of The Lawyer, James Boyd White
Meaning In The Life Of The Lawyer, James Boyd White
Articles
First let me say what a pleasure it is to be here on such an occasion. Dean Kronman is an old and valued friend, and I am very glad to be able to visit your school, of which I have heard many good things. In the remarks that follow I shall respond to Dean Kronman's eloquent and elegiac account of "civility" in our culture, and in the law, not so much by marking agreement or disagreement as by offering a few loosely connected reflections on the topics he raises.
The Scholar As Advocate, Rebecca S. Eisenberg
The Scholar As Advocate, Rebecca S. Eisenberg
Articles
Academic freedom in this country has been so closely identified with faculty autonomy that the two terms are often used interchangeably, especially by faculty members who are resisting restraints on their freedom to do as they please. While there may be some dispute as to whether or how far academic freedom protects the autonomy of universities or of students, the autonomy of faculty members seems to lie close to the core of the traditional American conception of academic freedom. As elaborated by the American Association of University Professors, this conception of academic freedom calls for protecting individual faculty members from …
Harry Edward's Nostalgia, Paul D. Reingold
Harry Edward's Nostalgia, Paul D. Reingold
Articles
Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …
Translation As A Mode Of Thought, James Boyd White
Translation As A Mode Of Thought, James Boyd White
Articles
I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …
The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers
The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers
Articles
American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …
Generalization In Interpretive Theory, Joseph Vining
Generalization In Interpretive Theory, Joseph Vining
Articles
There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …
Legal Affinities, Joseph Vining
Legal Affinities, Joseph Vining
Articles
Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …
First Person Singular, John W. Reed
First Person Singular, John W. Reed
Articles
The hot topic in legal circles is the decline of professionalism. In this often negative age, it ranks right up there with "What's wrong with American schools?" and "Where will we live when the ozone is gone?" and "How can we get a handle on drugs?"-all those terrible things.
Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers
Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers
Articles
Law school operating costs are up. Tuitions are up. The debts of law students are up. What is happening to the students who have borrowed large sums? Are their debts affecting their decisions about the jobs to seek? Once in practice, are they significantly affecting the standard of living they can afford to maintain? What, in particular, is the effect of debts on those who enter-or contemplate entering-small firms, government, legal services, and "public interest" work where salaries are lower than in most other settings in which lawyers work? In the preceding essay, Jack Kramer has performed another extremely valuable …
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Articles
This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.