Legal Writing and Research Commons^™

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.

Beyond The Moot Law Review: A Short Story With A Happy Ending, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

When the author began teaching at the Chicago-Kent College of Law in 1982, it was publishing at great expense a law review that few cited, few professors would write for, and few, if anyone, read. For this reason, he dubbed it a "moot law review" in that students were working hard to produce a publication that mimicked "real" law reviews-that is, law reviews that contribute to intellectual discourse and the body of legal knowledge.

The fact that you are reading this page (and others in this issue) is evidence that the Chicago-Kent Law Review is no longer a moot law …

Tip Jars At The Law Library Reference Desk, Kelly Kunsch

Faculty Articles

Kelly Kunsch humorously argues for law reference librarians' right to accept tips for their service to the law school community.

Eleonora V. Eckert, Kent D. Syverud, Gregory P. Magarian, Christina B. Whitman, Rodney D. Martin

Michigan Law Review

Tributes to Eleonora V. Eckert

Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse

Michigan Law Review

I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my …

Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon

Michigan Law Review

The Judge seems to be arguing that both teachers and firm lawyers have been seduced from their real vocation by the fatal attraction of neighboring cultures: the practitioners by the commercial culture of their business clients, the academics by the disciplinary paradigms and prestige of theory in the rest of the university. The "deserted middle ground" is the ground of professional practice - practical, yet also public-minded. Perhaps without straining his thesis too far we could ascribe to Judge Edwards a "republican" view of the legal profession, in which legal scholars, practitioners, judges, legislators, and administrators - despite their separate …

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, …

Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson

Michigan Law Review

I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.

Academic Freedom And Political Neutrality In Law Schools: An Essay On Structure And Ideology In Professional Education, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

My topic for this essay is the role of institutional political neutrality in fostering a vital academic freedom within a law school. It is necessary to explain what this inquiry embraces and why it is a useful entry into our concerns. Traditionally, the political neutrality of the university has been seen as the foundation for the academic freedom of the professoriate. But the media today vibrate with complaints about "political correctness" in legal education, meaning an administrative sponsorship of certain social ideals in a manner that restricts criticism or debate.1 Also, political contention over the shape of legal education has …

"Skilling" Time, Peter B. Knapp

Faculty Scholarship

This article describes disagreements about the "MacCrate Report" on skills education for law students, as well as the connections between the Report's recommendations and legal education at William Mitchell College of Law. The final commentary focuses on what William Mitchell can do to further ensure that teaching prepares students for the learning they will have to do when they begin working as lawyers.

Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas

Journal Articles

Mr. Thomas explains the issues involved in cataloging reform and suggest methods for streamlining procedures without destroying quality, with particular reference to academic law libraries.

Preface: Academic Freedom And Legal Education, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Preface to a collection of papers delivered at a conference on Academic Freedom and Legal Education, held at the Tulane University School of Law on April 3 and 4,1992. Speaking or writing about academic freedom propels one from current controversies toward implicit or explicit propositions about the nature and goals of legal education.

Law Teachers' Writing, James Boyd White

Michigan Law Review

Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …

The Mind In The Major American Law School, Lee C. Bollinger

Faculty Scholarship

Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …

Book Review, Paul Campos

Publications

No abstract provided.

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.

Cardozo Law Review

No abstract provided.

Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann

Faculty Scholarship

The impact of administrative law scholarship on administrative law seems at first blush both a relatively straightforward issue and one that academicians should be especially eager to engage. But there is reason to doubt both propositions. First, any effort to grapple with this topic compels the conclusion that the issue is by no means straightforward. As Peter Strauss recently observed, the question of the influence of administrative law scholarship necessarily becomes as well the influence of active engagement in the practice of administrative law on scholarship.' Moreover, the questions implicated in this assessment cannot be narrowly compassed. The topic requires …

University Of Florida Introduces New Electronic Reference Room, Rosalie M. Sanderson, Betty W. Taylor

UF Law Faculty Publications

No abstract provided.

Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson

Dalhousie Law Journal

As part of its ongoing process of curriculum development, the Department of Law at Carleton University decided in 1988 that a compulsory course in legal research methods was long overdue in the B.A. Honours degree in Law. Fortified with interest nurtured by methodological debates in feminist scholarship,' experience devilling' for a barrister pending my call to the bar, and practice from instructing a course in legal research and writing while a graduate student, I set about developing the proposed course. No guidelines existed for such a course, beyond the logic that it should complement the socio-legal or legal studies focus …

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 …

Teaching Writing Through Substance: The Integration Of Legal Writing With All Deliberate Speed, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

The stated pedagogical task of the first year of law school is to teach students to "think like lawyers." Legal writing, which is a traditional first-year course, serves this purpose by helping students develop writing and analytical skills that are essential to their ultimate success as lawyers. The greatest difficulty faced by those who teach legal writing, however, is communicating to students that legal writing is a means towards synthesizing the law and preparing them for the complex legal and human problems of modern law practice. To help overcome this difficulty, Pace Law School has developed a course that fully …

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 …

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Sixth Edition, Rose Coad, Beth Mcwilliams

Law Library Publications

The sixth edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most of the works listed were published in this country, and all are in the collection of this law library.

The object in revising this bibliography has been to present to law students of the University of Michigan a reasonably thorough listing of useful and current secondary sources covering domestic and international law. The inclusion of a work in this bibliography does not mean the Law Library is endorsing either the author's sty le or the substance of the work. …

Outsider Scholarship: The Law Review Stories, Mary I. Coombs

Articles

No abstract provided.

On Defining Academic Scholarship, Stephen J. Werber

Law Faculty Articles and Essays

In 1970, I left the world of a litigation attorney and joined that of academia. One of the first survival lessons that I learned was that, in order to gain tenure and ultimately achieve the pinnacle of full professor, I had to establish myself as a scholar. This, I learned, meant that I had to publish. Perusal of the Personnel Policies of our University, which are similar to those of many others, indicated that a key to a successful career was that I produce "an outstanding record as a scholar." The closest definition to the term in the personnel policies …

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.

Teaching Legal Research: Past And Present, Joyce Manna Janto

Law Faculty Publications

For years librarians have debated which procedures will most effectively instruct law students in the art of legal research. Ms. Janto and Ms. Harrison-Cox trace the history of these efforts and propose a model program for the teaching of legal research.