Courts Commons^™

Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld

The Journal of Appellate Practice and Process

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid

St. Thomas Law Review

In this article, we focus on the use of externships to introduce law students to the concepts of Therapeutic Jurisprudence and problem solving courts (also referred to herein as therapeutic courts). We begin with an examination of the birth of William & Mary Law School's therapeutic courts practice externship, arguably the most comprehensive externship of its kind. Next, we will focus on an alternative model of a therapeutic court externship clinic, still in its infancy, at the University of Miami School of Law. Our goals are both simple and lofty. We want as many law students as possible to be …

Constitutionalization, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Students of constitutional law tend to suspect pretty early on that the Constitution simply means whatever the Supreme Court says that it means. Rather than fight that intuition, I think it is best to treat the student insight as one of the basic starting assumptions when teaching a course in Constitutional Law. The goal then becomes to help students figure out how best to maneuver and feel comfortable in a legal universe where the Constitution has only contingent meaning.

What the Supreme Court does when it clothes its political policy preferences in the garb of constitutional law can be described …

State Civil Procedure Plea, William R. Slomanson

Journal of Legal Education

No abstract provided.

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents

Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

NYLS Law Review

No abstract provided.

Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.

Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy

Journal of Legal Education

No abstract provided.

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …

A Funny Thing Happened On The Way To The Multiple-Choice Exam: Or, The Schoolroom Lessons From Bush V. Gore, Marcella David

Journal of Legal Education

No abstract provided.

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.

The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.

Indiana Law Journal

No abstract provided.

Forum Non Conveniens In Federal Statutory Cases, Keith A. Rowley, Lonny Sheinkopf Hoffman

Scholarly Works

This article, previously published in Volume 49 of the Emory Law Journal, examines the federal doctrine of forum non conveniens in cases in which the plaintiff asserts a right to relief under federal law. The arguments we advance - particularly our claim that the federal doctrine of forum non conveniens can be better understood not as turning on matters of convenience, as the formal doctrine suggests, but on an assessment of the relative sovereign interests in adjudicating the dispute - remain relevant to an understanding of the federal doctrine. The paper, thus, may be of interest to practitioners, academics and …

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Weightier Matters (Elder Dallin H. Oaks)
• The Constitutional Thought of J. Reuben Clark, Jr. (J. David Gowdy)
• A Courtroom with a View (Joyce Janetski)
• The Challenge (Alexander B. Morrison)

Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines

News Articles

No abstract provided.

A More Complete Look At Complexity, Jeffrey W. Stempel

Scholarly Works

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …

Dedication To Professor Ralph W. Johnson, David H. Getches

Publications

No abstract provided.

Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg

Faculty Scholarship

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …

Stuck Inside The Heartland With Those Coastline Clerking Blues Again, Carl W. Tobias

Law Faculty Publications

Supreme Court Justice Stephen Breyer, Circuit Judge Edward Becker, and Circuit Judge Guido Calabresi deserve kudos for helping to craft, implement, and publicize an efficacious solution to the increasing difficulties engendered by the selection of federal judicial law clerks. The jurists' essay, The Federal Judicial Law Clerk Hiring Problem and the Modest March 1 Solution, which recently appeared in the Yale Law Journal, is a must read for all those who participate in the process of law clerk hiring.

The concerted efforts of Justice Breyer and Judges Becker and Calabresi have apparently succeeded in bringing considerable order out of chaos, …

The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen

Faculty Scholarship

This Article is divided into three parts. Part I examines both the many contexts in which criminal defense lawyers and clinical students encounter bias and prejudice,¹² and the commonly-raised objections to its exploitation. Part II looks at the way the tactical use of bias relates to a lawyer's duty of zealous advocacy. Here, the Article focuses on whether existing ethics rules provide guidance for a lawyer's use of bias and whether proposed rules aimed at eliminating such advocacy would improve or diminish justice. This article argues against such efforts because they impinge on legitimate lawyering, and they may distract …

Teaching Ethics: The Role Of The Law Schools, The Courts And The Bar, Ellen Suni

Faculty Works

No abstract provided.

Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill

Cardozo Law Review

To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …

New York Law School — Final Examinations, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56

Law Practice

No abstract provided.

Passion For Justice, Martha L. Minow, Elizabeth V. Spelman

Cardozo Law Review

No abstract provided.

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young

UIC Law Review

No abstract provided.