Law Commons^™

The Art Of The Effective Reply, Peter M. Mansfield

The Journal of Appellate Practice and Process

No abstract provided.

Supreme Verbosity: The Roberts Court's Expanding Legacy, Mary Margaret Penrose

Faculty Scholarship

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …

Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …

Running It Twice (Or Thrice): Double-Header, Triple-Header, And Reverse Baseball Arbitration, Michael J. Hasday

University of Michigan Journal of Law Reform Caveat

This Essay illustrates how the “Running It Twice” concept that makes poker games less of a gamble can also be used in another forum where large amounts of money can be at stake: arbitrations. I introduce three new forms of arbitration based on this concept: Double-Header Baseball Arbitration, Triple-Header Baseball Arbitration, and Reverse Baseball Arbitration. In this Essay, I show that that these new forms of arbitration are superior to current methods because they result in what the average or median qualified arbitrator would award—thereby making arbitration more accurate, predictable, and fair.

Self-Plagiarism, Josh Blackman

Florida State University Law Review

No abstract provided.

Silencing Discipline In Legal Education, Lucille A. Jewel

Scholarly Works

In current times, the production of critical legal knowledge has become constrained by a neoliberal education mindset that emphasizes economic performance and measured outcomes over critical thought. In this essay, I argue that academic freedom, in the sense of being free to speak, write, and teach critical knowledge, both in the intellectual sense and in the law practice sense, is being eroded. And, I urge my critically minded colleagues that are traditional law scholars (tenure-track or tenured) to consider the circumstances of law teachers who currently do not have the protections of tenure but who generate valuable knowledge, particularly in …

The Litigation Privilege As A Shelter For Miscreant Legal Counsel, Marc I. Steinberg, Logan J. Weissler

Faculty Journal Articles and Book Chapters

This article focuses on a pressing issue of national importance related to attorney conduct (or misconduct). The Litigation Privilege is a long-recognized immunity fashioned for attorneys to enable them to perform their functions as zealous advocates and litigators, without having to consider prospective non-client lawsuits aimed at their conduct in the course of representation. However, recent case law purports to expand the Litigation Privilege outside of its traditional contexts, posing a nationwide threat to attorney ethical standards. Broad readings of what sorts of legal assistance constitute “litigation” for the purposes of the application of the Litigation Privilege have recently been …

43 Essex Street: A Case Study In Shutting Down Tenant Harassment And Displacement With Community Organizing And Lawyering, Cynthia Cheng-Wun Weaver, Donna Chiu

City University of New York Law Review

No abstract provided.