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Articles 121 - 137 of 137
Full-Text Articles in Law
Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis
Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis
Publications
No abstract provided.
Clerks In The Maze, Pierre Schlag
Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel
Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel
Scholarly Works
The meandering road to discovery reform illustrates, among other things, the ineffectiveness of an atomized profession that lacks either sufficient understanding of the adversary system or the resources and forcefulness to address the practical impact of adversarialism. In some ways, lawyers reforming litigation can be characterized as poorer investigators than the sixsome who examined the elephant. The elephant sleuths were guilty of isolation and ignorance. Lawyers and policy makers not only exhibit a lack of information and empathy, but also often show an unwarranted distrust of or contempt for the elements of the profession with which they disagree. Unfortunately, however, …
Teaching Professional Responsibility In Law School, Leah Wortham
Teaching Professional Responsibility In Law School, Leah Wortham
Scholarly Articles
I was pleased to be asked to write about teaching professional responsibility in law school. Ten years and sixteen classes of professional responsibility have allowed me to form many views. The following is organized in a variation of the journalist's standard five questions (who, what, when, where, and how). I consider WHAT to teach in professional responsibility courses, WHO should teach them, WHEN to teach the subject, HOW to teach it, and WHY it is hard to do.
Preface: Academic Freedom And Legal Education, J. Peter Byrne
Preface: Academic Freedom And Legal Education, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Preface to a collection of papers delivered at a conference on Academic Freedom and Legal Education, held at the Tulane University School of Law on April 3 and 4,1992. Speaking or writing about academic freedom propels one from current controversies toward implicit or explicit propositions about the nature and goals of legal education.
Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminish Pedagogy, Linda H. Morton
Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminish Pedagogy, Linda H. Morton
Faculty Scholarship
This article supports the use of feminist pedagogy to provide the ideal environment for engaging clinic students in self-learning. The author describes the complementary relationship between clinic goals and feminist pedagogy, illustrated through her use of a student-facilitated and non-hierarchical teaching model in her externship classes. The model used provides a unique and valuable educational environment for the training of prospective professionals.
Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann
Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann
Faculty Scholarship
The impact of administrative law scholarship on administrative law seems at first blush both a relatively straightforward issue and one that academicians should be especially eager to engage. But there is reason to doubt both propositions. First, any effort to grapple with this topic compels the conclusion that the issue is by no means straightforward. As Peter Strauss recently observed, the question of the influence of administrative law scholarship necessarily becomes as well the influence of active engagement in the practice of administrative law on scholarship.' Moreover, the questions implicated in this assessment cannot be narrowly compassed. The topic requires …
Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer
Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer
Law Faculty Articles and Essays
Our topic is whether law schools should remain institutionally neutral, presumably concerning the fundamental political and moral issues that besiege our society. The answer depends on several competing considerations, including one's concept of the university as either ivory tower or critical force obligated to serve the society that sustains it. I opt in the direction of the university as social force while also accepting the validity of the passive mode and seeing the dispassionate search for knowledge as a means to serve important human needs. The abstract formulation of the university as institutionally neutral is in many ways illusory because …
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 …
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.
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 …
Legal Education, Feminist Epistemology, And The Socratic Method, Susan H. Williams
Legal Education, Feminist Epistemology, And The Socratic Method, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Nurturing The Impulse For Justice, Lynne N. Henderson
Nurturing The Impulse For Justice, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Law Teachers' Writing, James Boyd White
Law Teachers' Writing, James Boyd White
Michigan Law Review
Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …
Perspectives On A Torts Course, Anita Bernstein
Perspectives On A Torts Course, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Mind In The Major American Law School, Lee C. Bollinger
The Mind In The Major American Law School, Lee C. Bollinger
Faculty Scholarship
Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …
Mad Dogs And Englishmen: Pierson V. Post [A Ditty Dedicated To Freshman Law Students, Confused On The Merits], Kenneth Lasson
Mad Dogs And Englishmen: Pierson V. Post [A Ditty Dedicated To Freshman Law Students, Confused On The Merits], Kenneth Lasson
All Faculty Scholarship
Mad dogs and Englishmen go out in the mid-day sun. They bark, they pant, they rave and rant, but most of all they run. A monkey's uncle might have tea or sip some lemonade. Why, even donkeys (turkeys, too) seek shelter in the shade. But mad dogs and Englishmen go out in the mid-day sun.