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Articles 31 - 60 of 62
Full-Text Articles in Law
Seven Habits Of A Highly Effective Scholar, Jerold H. Israel
Seven Habits Of A Highly Effective Scholar, Jerold H. Israel
Articles
Yale Kamisar has been my friend and colleague for almost forty years now, and my first inclination was to write about those relationships, which have meant so much to me. But I know that other friends and colleagues participating in this tribute issue can bring to the description of those relationships far greater skill and far greater eloquence. I have been Yale's coauthor for roughly thirty-five years on his professional "pride and joy" - Modern Criminal Procedure' - and that is another relationship that I could describe with warmth and affection. But Wayne LaFave, who has shared this same role, …
The Lawyer As Legal Scholar, Michael J. Madison
The Lawyer As Legal Scholar, Michael J. Madison
Articles
I review Eugene Volokh's recent book, Academic Legal Writing. The book is nominally directed to law students and those who teach them (and for those audiences, it is outstanding), but it also contains a number of valuable lessons for published scholars. The book is more than a writing manual, however. I argue that Professor Volokh suggests implicitly that scholarship is underappreciated as a dimension of the legal profession. A well-trained lawyer, in other words, should have experience as a scholar. The argument sheds new light on ongoing discussions about the character of law schools.
A Footnote For Jack Dawson, James J. White, David A. Peters
A Footnote For Jack Dawson, James J. White, David A. Peters
Articles
Jack Dawson, known to many at Michigan as Black Jack, taught at the Law School from 1927 to 1958. Much of his work was published in the Michigan Law Review, where he served as a student editor during the 1923-24 academic year. We revisit his work and provide a footnote to his elegant writing on mistake and supervening events. In Part I, we talk a little about Jack the man. In Part II, we recite the nature and significance of his scholarly work. Part III deals briefly with the cases decided in the last twenty years by American courts on …
The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar
The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar
Articles
After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2
The Very Uncertain Prospect Of 'Global' Convergence In Corporate Governance, Douglas M. Branson
The Very Uncertain Prospect Of 'Global' Convergence In Corporate Governance, Douglas M. Branson
Articles
Elites in the United States legal academy have been uniform in their prediction of "global" convergence on a single model of governance for large publicly held corporations. That model is, of course, the U.S. model. The evidence, though, is only of some trans Atlantic convergence with an outlier here or there. Moreover, the existing scholarship is culturally and economically insensitive. U.S. style corporate governance, with its requirements for truly independent directors who will confront and remove badly performing CEOs, and which has as an element lawsuits brought by activist shareholders, is simply inappropriate for many cultural settings. Post Confucian and …
The Dynamic Analytics Of Property Law, Michael A. Heller
The Dynamic Analytics Of Property Law, Michael A. Heller
Articles
The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.
Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar
Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar
Articles
No serious student of police interrogation and confessions can write on the subject without building on Professor Joseph D. Grano's work or explaining why he or she disagrees with him (and doing so with considerable care). Nor is that all.
Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White
Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White
Articles
Assume a bright hypothetical social scientist - call her Phoebe - who is completely ignorant of legal research as it is practiced in today's law schools. Phoebe might speculate about legal research as follows. First, she would note that the law schools are joined with and are the exclusive source of the practitioners of a profession. Second, she would note that commercial and legal actors rub up against and are influenced by the law in countless ways every day. Third, she might remark that this interaction occurs practically on the doorsteps of our law schools. Unlike anthropologists, who may have …
Legal Writing Scholarship: Point/Counterpoint, Jan M. Levine, Grace C. Tonner
Legal Writing Scholarship: Point/Counterpoint, Jan M. Levine, Grace C. Tonner
Articles
Perhaps because the field of legal writing has now matured enough so that we professors constitute a critical mass of experienced teachers and scholars, we find ourselves frequently embroiled in debates about legal writing scholarship. What is it? Can we do it? Should we do it? Should it be considered part and parcel of our responsibilities as members of the law school world? To help us better present our shared view that legal writing professors not only can but should produce scholarship, we sought first to take on the role of devil’s advocate, presenting all the rationales we have heard …
John H. Jackson: Master Of Policy - And The Good Life (A Tribute To John Jackson), Theodore J. St. Antoine
John H. Jackson: Master Of Policy - And The Good Life (A Tribute To John Jackson), Theodore J. St. Antoine
Articles
A faculty can make no prouder boast than the claim that some of its members are the preeminent figures in the country in their particular fields. During my years at Michigan, I believe that claim could fairly be made for at least eleven of our colleagues. For obvious reasons, I shall not reveal my complete list. On a celebratory occasion like this, however, I trust it will not seem indiscreet for me to name John Jackson as one of my choices. I shall leave the more nuanced assessments of John's work to the experts. But from my nonspecialist's perspective, John …
Sticks And Stones, Phoebe C. Ellsworth
Sticks And Stones, Phoebe C. Ellsworth
Articles
I believe that research should be refuted by research. More and more of our scarce journal space is being taken up by attacks, rebuttals, and rebuttals to the rebuttals, often ending with a whimper of recognition that the adversaries were not so very far apart to begin with, and that the only way (if possible) to resolve the disagreement is through empirical research. Communication of scientific disagreement does not require a published article. Grant proposals and manuscripts submitted to refereed journals like this one are sent out to reviewers, who provide written evaluations that are communicated to the author. Papers …
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
Articles
It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …
Bouquets For Jerry Israel, Yale Kamisar
Bouquets For Jerry Israel, Yale Kamisar
Articles
As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.
On Becoming A Law Professor, Terrance Sandalow
On Becoming A Law Professor, Terrance Sandalow
Articles
Thirty-five years ago, when I first joined a law faculty, only one job description existed for law professors, that for the conventional classroom teacher. In the years since, the opportunities available to lawyers interested in teaching have become a bit more varied. In addition to conventional classroom teachers, a growing number of law teachers are employed by law schools to provide what I shall somewhat misleadingly call clinical instruction.1 Although these comments are addressed mainly to men and women interested in classroom teaching, a few lines about clinical teaching may be in order because the initial question for anyone considering …
Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel
Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel
Articles
Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.
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 …
Letter To Judge Harry Edwards, James J. White
Letter To Judge Harry Edwards, James J. White
Articles
Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.
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 …
Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine
Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine
Articles
With "Bart" Bartosic, what you see is not necessarily what you get. Anyone even vaguely acquainted with him knows I am not talking about duplicity; on occasion, Bart can be almost painfully forthright. Nonetheless, on first meeting, most persons are likely to view him as the very soul of politesse - perhaps actually too deferential and accommodating. Yet behind that beguiling exterior can be found a backbone of cast iron, a mind like a steel trap, and (to extend the metallic figure) a willingness, when the situation demands, to be as hard as nails in dealing with either ideas or …
Promise Fulfilled And Principle Betrayed, James J. White
Promise Fulfilled And Principle Betrayed, James J. White
Articles
My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …
John W. Reed And The High Style, Theodore J. St. Antoine
John W. Reed And The High Style, Theodore J. St. Antoine
Articles
John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Articles
Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …
John W. Reed And The High Style, Theodore J. St. Antoine
John W. Reed And The High Style, Theodore J. St. Antoine
Articles
John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it. John certainly brightened up the law school days for this former student, a generation or so ago. We jaded upperclass people actually looked forward to John's Evidence classes, and he seldom if ever let us down. The sessions …
Francis A. Allen, Terrance Sandalow
Francis A. Allen, Terrance Sandalow
Articles
Writing a brief tribute to Frank Allen, a man I admire as much as any I have known, should have been easy and pleasurable. It has proved to be very difficult. The initial difficulty is the occasion for the tribute. Frank's decision to take early retirement from the University and to resettle in a warmer climate deprives the Sandalows of frequent contact with two of our favorite people. The act of writing requires an acceptance of that loss that I have not yet achieved. A second difficulty is that Frank has been an important influence in my life for thirty …
Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar
Articles
Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, …
Frank R. Kennedy, James J. White
Frank R. Kennedy, James J. White
Articles
In an academic world thickly populated with persons of unlimited ego but of limited scholarly output, Frank Kennedy stands out as a remarkable exception. On the one hand he is the author of scholarly writings too numerous to recount; on the other he is a man of deep humility. A reader or listener soon learns he has strong views which he states with power and precision. Yet his humility is such that he will listen patiently to the most idiotic view of a colleague or student and will kindly help them find their way.
Scholarly Books: What, To Whom And Why, James J. White
Scholarly Books: What, To Whom And Why, James J. White
Articles
A consideration of the role that the books reviewed in this edition will play in the future of American legal thought has led me to speculate about the transmission of ideas into acts and about the role of books in that transmission. In certain arenas, tracing an idea from its origins to its ultimate application is straightforward. For example, the evolution of Germany's Schlieffen plan for invading France can be traced with little difficulty from the circumstances responsible for its birth, through years of refinement, to its eventual application in World War I. The development and acceptance of a medical …
Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine
Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine
Articles
If William Faulkner could people a whole universe with the denizens of one atypical county in deepest Mississippi, I should be able to draw some general observations about the administration of teaching in American universities from my seven years' experience as dean of the Michigan Law School. But I lay no claim to Mr. Faulkner's powers of universalization, and so I shall begin with a few caveats about the peculiarities of legal education, about the ways we differ from undergraduate and graduate schools and even from other professional schools. My opinions can then be discounted accordingly.
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Articles
As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4
Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar
Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar
Articles
Bill Lockhart is truly an extraordinary man, not because his achievements have been so numerous and diverse - though they have - and not because his accomplishments carry a distinct mark of excellence and eminence - though they do. He is unusual because he is that combination of multiple gifts and powers rarely coalesced in a single human being. And we have spoken merely of the professional man; only those familiar with Bill's deep devotion to his family and heroic dedication to his church can fully comprehend how remarkable a person he is.