Legal Profession Commons^™

Eye On The World, Jose E. Alvarez, Virginia A. Gordan

Law Quadrangle (formerly Law Quad Notes)

In a special section coinciding with the International Reunion of Law School graduates, Law School graduates who are deeply involved in the globalization of legal practice respond to the question, "If you could leap ahead 10 years, how do you think what you are doing now will change?" And in a thought-provoking prologue, Professor of Law Jose Alvarez and Assistant Dean for International Programs Virginia A. Gordan consider the historical - and historic - impact of Law School graduates from overseas on the legal profession.

A New Nuremberg?, Jose E. Alvarez

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on presentations given recently at the University of Michigan, Harvard Law School and the Fletcher School of Law and Diplomacy. While most citations have been removed for publication here, the author gratefully acknowledges the work of Mark Osiel, whose article, "Ever Again: Legal Remembrance of Administrative Massacre," 144 University of Pennsylvania Law Review 463 (1995), inspired much of the analysis here

On May 25, 1993, acting under the same powers it had used to authorize the Gulf War, the United Nations Security Council established the first international war crimes tribunal since post World War II …

Book Review Of In The Opinion Of The Court, Laura A. Heymann

Faculty Publications

No abstract provided.

The Death Of An Honorable Profession, Carl T. Bogus

Indiana Law Journal

No abstract provided.

Technology And The Practice Of Law, Oregon Law Institute, Thomas C. Holmes, Gregory A. Miller, David H. Haines, Milton R. Stewart, Richard P. Klau, Peter Mackie, Dee Crocker, Jeffrey N. Barlow, David Aliprandi

Oregon Law Institute, 1996

Course Materials from the June 21, 1996 Program in Portland

New York Law School Reporter, Vol 11, No. 7, April-May 1996, New York Law School

Student Newspapers

No abstract provided.

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

Is There Life After Forty: The John Marshall Law School's Fortieth Annual Conference On Intellectual Property, 29 J. Marshall L. Rev. 841 (1996), Donald W. Banner

UIC Law Review

No abstract provided.

New York Law School Reporter, Vol 11, No. 5 February 1996, New York Law School

Student Newspapers

No abstract provided.

Information Redlining: A List Of Selected Readings, Timothy L. Coggins

Law Faculty Publications

In earlier essays Henry Perritt, Marvin Anderson, Gary Bass and Patrice McDermott discuss the increasing use of computers to access information through the information superhighway, the Internet and online services, the increasing reliance on electronic formats by publishers and the federal government and the continuing debate about "information redlining." They indicate that information redlining is broader than just the availability and effects of technology and enhanced online services on lower income, minority and rural communities. It also deals with what information will be available to these groups. As more and more data comes in digital form and when some information …

Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann

Faculty Scholarship

The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.¹ A slight scratch on the surface of doctrines as disparate as official …

Legal Assistants In The Computer Age, Oregon Law Institute, Terrie I. Murray, Sandra G. Peterson, Karen Larsen, Bernard F. Stea, Dee Crocker, Peter Mackie, Jeff Van Duzer, Bob Blackstone, Kelly A. Fitzsimmons, Alan Hanawalt, Gregory Miller, Terry Williams, Catherine Teach-Schmitz

Oregon Law Institute, 1995

Course Materials from the June 23, 1995 Program in Portland

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

Patents And The Jeffersonian Mythology, 29 J. Marshall L. Rev. 269 (1995), Edward C. Walterscheid

UIC Law Review

No abstract provided.

Feature: Learning The Practical Side Of Scholarship

Law Quadrangle (formerly Law Quad Notes)

For generations, law students have enhanced their education by working on a law journal. In addition to honing their writing, research, and analytical skills, they learn valuable life lessons about working with all kinds of people, motivating others, meeting deadlines,and handling the details involved with printing and mailing a tangible product. Of course, as a sign of good grades, hard work, and strong writing ability, hournal experience gives students a leg up in the job market, and it's a critical first step to a scholarly career.

Recalibrating The Balance: Reflections On Welfare Reform, Jeffrey Lehman, Sheldon Danziger

Law Quadrangle (formerly Law Quad Notes)

During the 1992 presidential campaign, Candidate Clinton promised, in Putting People First, "to make work pay" and to "end welfare as we know it":

"It's time to honor and reward people who work hard and play by the rules. That means ending welfare as we know it not by punishing the poor or preaching to them, but by empowering Americans to take care of their children and improve their lives. No one who works full-time and has children at home should be poor anymore. No one who can work should beable to stay on welfare forever."

Prosecutors' Peremptory Challenges - A Response And Reply, Lynn A. Helland, Sheldon N. Light, William J. Richards

Law Quadrangle (formerly Law Quad Notes)

Three federal trial attorneys disagree with Professor Richard Friedman's proposal to eliminate the prosecution's peremptories, while Friedman defends his view.

Imagining The Law, James Boyd White

Book Chapters

My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …

The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest

Michigan Law Review

This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue, …

Editing, Carol Sanger

Faculty Scholarship

In May 1993, I published a book review of Richard Posner's Sex and Reason. The review was modest in length and in purpose, part of an informal division of labor undertaken by the many critics of Sex and Reason. It challenged Judge Posner's claim that an economic analysis of sex was something new and argued that women have been making rational choices with regard to sex and reproduction for quite a long time, something that Judge Posner's book seemed to miss and misunderstand throughout.

Readers of the review (the members of my MCI Friends and Family Plan) have …

Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers

Law Quadrangle (formerly Law Quad Notes)

This article by Professor Chambers began with data from the periodic surveys of Law School alumni he has conducted. It is adapted from an article Professor Chambers published in the journal Law and Social Inquiry.

Women first entered the legal profession in large numbers in the 1970s. The same movement that brought them into the profession also sought to deliver messages to men that they ought to participate more in the raising of children. How, over the years that have followed, have men and women lawyers responded to the multiple roles of home and work? How satisfied are they with …

Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng

UIC Law Review

No abstract provided.

Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond

Faculty Publications

This article discusses some of the lesser known complexities of LEXIS and WESTLAW and the necessity for evaluating these systems critically. Sample searches highlight the major differences between WESTLAW's and LEXIS's search protocols. Comparable features of each system are examined to show how users can improve the quality of their search results and to warn of unintended consequences when users misapply them. Strategies for formulating searches that retrieve relevant cases and prevent the exclusion of potentially relevant cases are considered, along with the economics of online searching. Although the searches presented are limited to Ohio case law, they are adaptable …

Twenty-Five 'Dos' For Appellate Brief Writers, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Advice And Consent In Theory And Practice, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Tax Policy And Panda Bears, Douglas A. Kahn, Jeffrey S. Lehman

Law Quadrangle (formerly Law Quad Notes)

In this article, Professors Kahn and Lehman argue that the concept of tax expenditures is flawed as a tool for measuring the propriety of tax provisions. It assumes the existence of one true and correct standard of dederal income taxation that applies to all circumstances. To make that assumption, the proponents of the concept implicitly make a particular moral claim about the relative importance of a wide range of values, including efficiency, consumption/savings neutrality, privacy, distributional equity, administrability, charity, and pragmatism. They then measure a tax provision's "normalcy"exclusively by how it conforms to their Platonic concept of income.

Professors Kahn …

150 Years Of Research : A Bibliography Of The Indiana University School Of Law Faculty, 1842-1992, Linda K. Fariss

150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992

Compiled for the law school's sesquicentennial in 1992, this work contains comprehensive entries for all past and then current faculty members, listing works written before and during their time at the law school.

Law library librarians Keith A. Buckley, Mitchell E. Counts, Ralph F. Gaebler, Michael M. Maben, Marianne Mason, F. Richard Vaughan and Nona K. Watt contributed to the bibliography and Linda K. Fariss edited.

On Defining Academic Scholarship, Stephen J. Werber

Cleveland State Law Review

This article seeks to find a definition of “scholarship.” Scholarship, to be fully recognized in the academic community, must address the theory of law - not its application. The basic premise of this essay is that such a definition of scholarship is detrimental to the law teaching profession and demeaning of the legal profession as a whole. As in the sciences, there is a need for both theoretical scholarship and applied scholarship. Both should be recognized as contributing to the overall knowledge, development, and beauty of the law as well as to the justice that that law seeks to achieve.

Translation As A Mode Of Thought, James Boyd White

Articles

I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

Articles

I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …