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Full-Text Articles in Law

Teaching Like Lawyers: What Empirical Research Can Tell Us About The Effect Of Law School Pedagogy On Law Student Learning Styles, Eric A. Degroff Mar 2011

Teaching Like Lawyers: What Empirical Research Can Tell Us About The Effect Of Law School Pedagogy On Law Student Learning Styles, Eric A. Degroff

Eric A DeGroff

Though the legal academy is a relative newcomer to the field, questions concerning law school pedagogy and law student learning styles have gained increasing traction among legal scholars in recent years. This article reports the results of empirical research concerning the effects of the law school experience and of disparate pedagogical approaches on law student learning styles.

In what appears to be the first research of its kind in a law school context, the article reports the results of a longitudinal assessment of law student learning styles, and documents a statistically significant shift in learning styles among first-year students over …


The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo Mar 2011

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Meera E Deo

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet, the Court’s assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This article relies on survey and focus group data collected at the University of Michigan Law School campus itself in March 2010 to examine whether and how diversity affects learning. Data analysis makes clear that there are sufficient numbers of students of color on campus …


The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo Feb 2011

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Meera E Deo

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet, the Court’s assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This article relies on survey and focus group data collected at the University of Michigan Law School campus itself in March 2010 to examine whether and how diversity affects learning. Data analysis makes clear that there are sufficient numbers of students of color on campus …


The Shifting Terrain Of Risk And Uncertainty On The Liability Insurance Field, Tom Baker Feb 2011

The Shifting Terrain Of Risk And Uncertainty On The Liability Insurance Field, Tom Baker

All Faculty Scholarship

Recent sociological and historical work suggests that insurance risks often are not reliably calculable, except in hindsight. Insurance is “an uncertain business,” characterized by competition for premiums that pushes insurers into the unknown. This essay takes some preliminary steps that extend this insight into the liability insurance field. The essay first provides a simple quantitative comparison of U.S. property and liability insurance premiums over the last sixty years, setting the stage to make three points: (1) liability insurance premiums have grown at a similar rate as property insurance premiums and GDP over this period, providing yet another piece of evidence …


Black Swans And Black Elephants In Plain Sight: An Empirical Review Of Central Bank Independence, Timothy A. Canova Jan 2011

Black Swans And Black Elephants In Plain Sight: An Empirical Review Of Central Bank Independence, Timothy A. Canova

Faculty Scholarship

No abstract provided.


The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares Jan 2011

The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares

Faculty Publications

Mainstream international trade law scholars have commented positively on the work of World Trade Organization (WTO) adjudicators. This favorable view is both echoed and challenged by empirical scholarship that shows a high disparity between Complainant and Respondent success rates (Complainants win between 8 and 9 percent of the disputes). Regardless of how one interprets these results, mainstream theorists, especially legalists, believe more is to be done to strengthen the system, and they point to instances of member recalcitrance to implement rulings as a serious problem. This article posits that such attempts to strengthen compliance are ill-advised. After discussing prior empirical …


Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew Jan 2011

Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew

Articles

This is an exploratory study comparing the processes and outcomes in the arbitration and the litigation of workplace racial harassment cases. Drawing from an emerging large database of arbitral opinions, this article indicates that arbitration outcomes yield a lower percentage of employee successes than in litigation of these types of cases. At the same time, while arbitration proceedings have some of the same legal formalities (legal representation, legal briefs), they do not have other protective procedural safeguards.