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Full-Text Articles in Law

West Virginia Law Scholar, Fall 2023, Wvu College Of Law Library Oct 2023

West Virginia Law Scholar, Fall 2023, Wvu College Of Law Library

West Virginia Law Scholar

No abstract provided.


On Women Professors Who Teach Legal Writing: Addressing Stigma And Women's Health, Amanda L. Stephens, Sean A. Vina Jan 2023

On Women Professors Who Teach Legal Writing: Addressing Stigma And Women's Health, Amanda L. Stephens, Sean A. Vina

Faculty Articles

Since the late 1980s, legal writing (LW) professors have been disproportionately white women because the LW field has been stigmatized as "women's work. "As a result, these teaching positions typically have been low status and afforded with less pay and job security in comparison to tenure-track doctrinal law professor positions. Compounding--or intersecting--with the stigma of teaching LW are LW professors' social statuses as women and/or other marginalized statuses. These statuses intersect and influence how and what they teach and the legal academy's attitudes toward them.

Although previous scholarship has briefly addressed legal skill classes' stigmatization, no scholarship to date has …


West Virginia Law Scholar, Fall 2022, Wvu College Of Law Library Dec 2022

West Virginia Law Scholar, Fall 2022, Wvu College Of Law Library

West Virginia Law Scholar

No abstract provided.


Tributes To Family Law Scholars Who Helped Us Find Our Path, Thomas Oldham, Paul M. Kurtz Jan 2022

Tributes To Family Law Scholars Who Helped Us Find Our Path, Thomas Oldham, Paul M. Kurtz

Scholarly Works

At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project. So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members …


Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik Jan 2021

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik

Scholarly Works

No abstract provided.


Richard N. Gardner: Memories, Michael I. Sovern Jan 2019

Richard N. Gardner: Memories, Michael I. Sovern

Faculty Scholarship

Richard Gardner and I were colleagues for almost sixty years. The law faculty elevated us to its tenured ranks at the same meeting in 1959. We helped restore order after Columbia’s 1968 turmoil, he as a member of a disciplinary tribunal, I as chairman of the Executive Committee of the Faculty. We served under eight deans together; he
actually served under a ninth: me.


The "Pink Ghetto" Pipeline: Challenges And Opportunities For Women In Legal Education, Renee Nicole Allen, Alicia Jackson, Deshun Harris Jan 2019

The "Pink Ghetto" Pipeline: Challenges And Opportunities For Women In Legal Education, Renee Nicole Allen, Alicia Jackson, Deshun Harris

Faculty Publications

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.

The term coined for positions typically held by women is "pink ghetto." According to the Department of Labor, pink-collar-worker describes jobs …


Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law Apr 2018

Washington And Lee Legal Scholarship, 5th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.


Washington And Lee Legal Scholarship, 4th Edition, The Law Library At Washington And Lee University School Of Law Sep 2017

Washington And Lee Legal Scholarship, 4th Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.


Washington And Lee Legal Scholarship, 3rd Edition, The Law Library At Washington And Lee University School Of Law Apr 2017

Washington And Lee Legal Scholarship, 3rd Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.


Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown Jan 2017

Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Tribute To Arthur Murphy, Peter L. Strauss Jan 2017

Tribute To Arthur Murphy, Peter L. Strauss

Faculty Scholarship

Columbia Law School’s postwar class of 1948, perhaps more than any other, has brought remarkable distinction to both the school and the law. Marvin Frankel, Jack Greenberg, Jack Kernochan, Arthur Murphy, and Jack Weinberg have all both taught here and acted with enormous distinction an d success in the outside world of law – a grouping not so often to be found in the legal academy these days. Arthur Murphy, whom we celebrate here, moved between these worlds with ease: first as an associate at Columbia in 1949; then years in private practice and with the Department of Justice; then, …


Fortuitously Present At The Creation, Arthur S. Leonard Jan 2017

Fortuitously Present At The Creation, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Washington And Lee Legal Scholarship, 2nd Edition, The Law Library At Washington And Lee University School Of Law Sep 2016

Washington And Lee Legal Scholarship, 2nd Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.


Washington And Lee Legal Scholarship, Inaugural Edition, The Law Library At Washington And Lee University School Of Law May 2016

Washington And Lee Legal Scholarship, Inaugural Edition, The Law Library At Washington And Lee University School Of Law

Washington and Lee Legal Scholarship (WaLLS) Newsletter

No abstract provided.


Remembering Harvey Goldschmid, David M. Schizer Jan 2016

Remembering Harvey Goldschmid, David M. Schizer

Faculty Scholarship

For me, Harvey Goldschmid and Columbia are inextricably connected. I can't think of one without the other. Harvey discovered his passion for learning as a student at the college and the law school. Only five years after graduating, Harvey returned to Columbia to join our faculty, serving for four and a half decades. When we add this time to his time as a student, it's fifty-two years. That's over 70% of his life.

But Harvey's connection to Columbia was not just long; it was deep. I can't count the number of graduates over the years who've told me he was …


The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James Cleith Phillips Jan 2016

The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James Cleith Phillips

Faculty Scholarship

At a time when some perceive law schools to be in crisis and the future of legal education is being debated, the structural shift toward law professors with Ph.Ds is an important, under-examined trend. In this article, we use an original dataset to analyze law school Ph.D hiring trends and consider their potential consequences. Over the last fifty years the proportion of law professors with Ph.Ds has risen dramatically. Over a third of new professors hired at elite law schools in recent years come with doctoral degrees in fields outside the law. We use our data to consider the scope, …


Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out?, Ian Weinstein Jan 2013

Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out?, Ian Weinstein

Faculty Scholarship

Both markets and ideas have turned against the American legal profession. Legal hiring has contracted, and law school enrollments are decreasing. The business models of big law and legal education are under pressure, current levels of student indebtedness seem unsustainable, and a hero has yet to emerge from our fragmented regulatory structures. In the realm of ideas, the information revolution has sparked deep critiques of structured knowledge and expertise, opening the roles of the law and the university in society to reexamination. We are less enamored of the scholar-lawyer and gaze with longing at technocrats. I hope that clinical law …


Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik Jan 2011

Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik

Scholarly Works

No abstract provided.


Maximizing The Recruitment Of Scholarship-Hungry Law Faculty: A Modest Change To The Far Form, Porcher L. Taylor Iii Jan 2010

Maximizing The Recruitment Of Scholarship-Hungry Law Faculty: A Modest Change To The Far Form, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Recognizing the critical need for law school recruitment teams to better assess in advance the scholarship agendas of entry-level candidates registered with the AALS Faculty Appointments Register (FAR) and of candidates who receive on-campus interviews, this article innovatively explores how a modest change to the FAR form might facilitate and transform the recruitment of scholarship-hungry tenure-track faculty.


Charles H. Whitebread, Michael J. Graetz Jan 2009

Charles H. Whitebread, Michael J. Graetz

Faculty Scholarship

Late in April when Charlie Whitebread learned that he had Stage 4 lung cancer, it occurred to me that I might someday be asked to say a few words about him. But these are comments I hoped never to make. I do not have words to describe to you the emptiness in my life that Charlie had filled for so many years. But our purpose here is not to mourn our loss; rather it is to celebrate Charlie's life.


Measuring The Value Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Miner-Rubino Jan 2009

Measuring The Value Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Miner-Rubino

UF Law Faculty Publications

This article is the last in a trilogy addressing the issue of collegiality among law In the first piece, titled On Collegiality, author Seigel defined professors' "collegiality" and suggested that most law schools have at least one, if not two or three, "affirmatively uncollegial" members of their faculty. Seigel posited that these individuals tend to interfere with the ideal functioning of their institutions by negatively affecting the well-being of their peers. Some readers of On Collegiality questioned the legitimacy of Seigel's cost-benefit analysis. Specifically, they commented that some of the factors Seigel used in his analysis could be empirically measured. …


In Memoriam: Clark Byse, Stephen G. Breyer, Elena Kagan, Andrew L. Kaufman, Todd D. Rakoff, Peter L. Strauss, Richard K. Willard Jan 2007

In Memoriam: Clark Byse, Stephen G. Breyer, Elena Kagan, Andrew L. Kaufman, Todd D. Rakoff, Peter L. Strauss, Richard K. Willard

Faculty Scholarship

The editors of the Harvard Law Review respectfully dedicate this issue to Professor Clark Byse.


Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison Apr 2006

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

UF Law Faculty Publications

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 …


Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Minor-Rubino Jan 2006

Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Minor-Rubino

UF Law Faculty Publications

In advance of a sophisticated analysis of the survey data, one must be very careful in drawing any overall conclusions about the state of collegiality and workplace well-being in legal academia. Certainly, no correlative assertions can be made. Nevertheless, this preliminary review has revealed some noteworthy information. Certainly, law faculties are far from perfectly collegial associations, and many if not most law professors have a gripe of one sort or another. Despite these facts, however, the overwhelming majority of faculty members appear to be happy with their choice of career. The qualitative data also leaves one with the impression that, …


Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison Apr 2005

Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison

UF Law Faculty Publications

The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …


American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner Jan 2003

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …


Observations On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantú Jan 2002

Observations On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantú

Faculty Articles

The St. Mary’s University School of Law has a rich history in promoting the representation of minorities in its faculty and student body. Moreover, its history in this area was a tradition long before the country found its social conscience, and before the American government, prodded by the civil rights movement, urged institutions of higher learning to engage in affirmative action. St. Mary’s and Hispanics led the way in this national movement. This year, as St. Mary’s University School of Law celebrates its seventy-fifth year, it is a perfect time to reflect upon the evolution of minorities in the Law …


Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White Oct 2001

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

All Faculty Scholarship

The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e., …


Remarks At Memorial Service For Professor Kellis E. Parker, Kendall Thomas Jan 2001

Remarks At Memorial Service For Professor Kellis E. Parker, Kendall Thomas

Faculty Scholarship

Seventeen years ago, I came to New York and Columbia University to begin a career in the legal academy. Seventeen years ago, I met Kellis Parker. The two moments run together in my mind, quite simply because my life in New York and at Columbia are inseparable from my relationship with Kellis Parker. If I had the time, I'd stand here and testify. I'd testify about the man who was my colleague, my mentor, my model, and my big-brother-in-the-law. I'd testify about the Kellis Parker who was my careful and generous critic. If I had time, I'd testify about Kellis, …