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Full-Text Articles in Law
Brougham’S Ghost, Michael S. Ariens
Brougham’S Ghost, Michael S. Ariens
Faculty Articles
In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other.” Brougham’s ethic of advocacy has been cited repeatedly as stating the American lawyer’s duty of zealous representation of a client. It has often been called the “classic statement” of zealous representation and representing the “traditional view of the lawyer’s role.”
This essay challenges these conclusions. Brougham’s rhetoric was neither a classic statement of the duty of loyalty to …
Teaching American Legal History Through Storytelling, Michael S. Ariens
Teaching American Legal History Through Storytelling, Michael S. Ariens
Faculty Articles
Distinct from facts and truths, the power of storytelling can serve as a method of teaching American Legal History. A course in American Legal History can facilitate discussion into whether the rule of law has been the rule or exception in the history of American law. Integral to this overarching story are three storylines that surface throughout the course: the development of law in American political history; the ideological underpinnings of legal doctrine development; and the rise and decline of different approaches to legal thought and their effect on legal education.
The course begins with a chronological overview of the …