Law Commons^™

Pomobabble: Postmodern Newspeak And Constitutional "Meaning" For The Uninitiated, Dennis W. Arrow

Michigan Law Review

A parody of postmodern writing.

Right Writing Or Rite Riting?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

After more than two decades of deliberation, a government-sponsored commission, composed of linguists from the major German-speaking countries, recently issued a new standard German grammar called Die neue deutsche Rechtschreibung.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

Using Fruit To Teach Analogy, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

Teaching Case Synthesis In Living Color, E. Joan Blum

E. Joan Blum

No abstract provided.

Professional Responsibility: 1997 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert

Law Faculty Scholarship

Professional responsibility law in Florida continued to expand in 1997. Case law, rules, and ethics opinions amplified and, in some areas, extended the duties that lawyers assume as officers of the judicial branch of government. This article examines professional responsibility decisions that are likely to affect the relationships that lawyers have with clients, former clients, judges, third parties, and The Florida Bar. Part II looks at developments affecting the most important relationship that lawyers establish and operate within: the relationship between lawyer and client. Part III reviews developments of significance to the lawyer's relationship to the court and the judicial …

Recent Books, Michigan Law Review

Michigan Law Review

Books recently received by the Michigan Law Review.

The Volley Of Canons, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The "canons of construction" are a set of formalized rules or maxims for interpreting words. These canons are especially relevant for two categories of legal writers. First, brief writers can use the canons to argue a particular interpretation of the words of a statute. The statute's words provide the best evidence of statutory intent, both under the "plain-meaning" rule and when legislative history is sparse. Second, attorneys who draft instruments should consider the impact of the canons when choosing specific language to insert in a contract,' lease, or other instrument.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Not Selected For Official Publication, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Hundreds of thousands of "unpublished opinions" are now available on electronic databases. Although these opinions have not been designated as officially published precedent, they still may have a significant impact on the outcome of your client's case. The dilemma is whether you can or should cite these unpublished cases in your brief.

Program Planning-Ideas For Improvement, Joyce Manna Janto

Law Faculty Publications

Picture the scene: you're at the Annual Meeting, it's Tuesday, and you're listening to your fifth "talking head" presentation. At the front of the room are five librarians/speakers, each of whom has exactly 15 minutes to shower you with their words of wisdom on the selected topic. In the audience are scores of librarians, whose eyes are glazing over and whose thoughts are wandering to more congenial topics. Sound familiar? This describes way too many programs at the typical MLL Annual Meeting. Instead of a good, thought-provoking discussion, or vigorous give-and-take between panelists and audience, we get sound bites. Why …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Footnote=An Interruption, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The footnote is a familiar tool in legal scholarship. Some of the best law review articles, legal encyclopedias, and legal treatises devote half of each page to detailed, supporting footnotes. Footnotes make sense in this context. Readers of these sources have a dual objective: to glean a general framework for an argument and to find specific authorities to support each point. The Colorado Lawyer is such a research source. It lists authorities in endnotes so its readers may complete an article uninterrupted, but they also may find the more specific sources if they should need them.

The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

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 paper.

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 …

Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers

Law Faculty Articles and Essays

Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.

Postmodern Legal Movements will prove useful to those in search of …

Faculty Highlights

Alfred Aman Jr. (1991-2002)

No abstract provided.

From Product To Process: Evolution Of A Legal Writing Program, Diane Edelman, Jo Ann Durako, Kathryn Stanchi, Brett Armdur, Lorray Brown, Rebecca Connelly

Faculty Scholarship

No abstract provided.

Readers Speak Out, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This month, I am turning the column over to letters from readers. If you have a question or comment to share, please feel free to write or e-mail me at the addresses in the box below. Don't worry I will ask your permission before using your name.

Taking Prepositions Seriously, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss

American University Law Review

onep

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.

Michigan Law Review

I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home in the burbs, and nice kids who were going to go on from their fancy grade schools and college preparatory gigs to Harvard/Stanford/Yale - all those types of pricey places where law professors usually come from. These kids were raised to be objective, neutral, neutered, fair, …

If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs

Nancy Levit

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …

History Of The Court Reporter In The Appellate Courts Of Pennsylvania, Joel Fishman

Joel Fishman

Court reporters collect and publish the opinions of courts. In Pennsylvania, there have been court reporters in the appellate courts since the first set of court reports published in the eighteeth century down to the third quarter of the twentieth century. This article reviews the legislation and controversies surrounding the court reporters.

The Secondary Effects Doctrine: 'The Evisceration Of First Amendment Freedoms', David L. Hudson Jr.

Law Faculty Scholarship

An analysis of First Amendment Jurisprudence and the Secondary Effects Doctrine.

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii

UIC John Marshall Journal of Information Technology & Privacy Law

Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 16 J. Marshall J. Computer & Info. L. 709 (1998), John Cartaina, Robert Dixon, Eric Rogers

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.