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Articles 451 - 480 of 585

Full-Text Articles in Legal Writing and Research

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” One To Seven, Michael Sinclair Jan 2006

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” One To Seven, Michael Sinclair

NYLS Law Review

No abstract provided.


Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman Jan 2006

Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman

NYLS Law Review

No abstract provided.


The Life Of The Law Online, David R. Johnson Jan 2006

The Life Of The Law Online, David R. Johnson

NYLS Law Review

No abstract provided.


“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair Jan 2006

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair

NYLS Law Review

No abstract provided.


Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman Jan 2006

Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman

Articles

The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …


Foreword: Why Open Access To Scholarship Matters, Joe Miller Jan 2006

Foreword: Why Open Access To Scholarship Matters, Joe Miller

Scholarly Works

On March 10, 2006, the Lewis & Clark Law Review sponsored a day-long symposium entitled Open Access Publishing and the Future of Legal Scholarship. That gathering led to eight papers that are forthcoming in Volume 10, Issue No. 4, of the Lewis & Clark Law Review. In this short Foreword, I offer some thoughts about why all law professors should take an interest in the movement promoting open access to scholarship. The principal reason, based in current circumstances, is the way that using an open access platform extends one's reach. The aspirational reason is that open access platforms enable us …


Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon Sep 2005

Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon

ExpressO

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

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

ExpressO

No abstract provided.


Review Essay: A Prescription For Perilous Times, Neil S. Siegel Jun 2005

Review Essay: A Prescription For Perilous Times, Neil S. Siegel

Faculty Scholarship

It seldom happens that a scholar makes a lasting contribution both to legal history and to the most pressing constitutional issues of the day in the same work. It is more rare that an academic does so in a book accessible to a general audience. Perilous Times accomplishes that feat. For these reasons, and for another as well, the book should be regarded as a triumph.


Book Review: Forensic Linguistics, Dru Stevenson Mar 2005

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"


Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson Jan 2005

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson

Law Library Staff Publications

No abstract provided.


Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff Jan 2005

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson Jan 2005

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson

Law Faculty Scholarship

No abstract provided.


Pleas' Progress, Stephanos Bibas May 2004

Pleas' Progress, Stephanos Bibas

Michigan Law Review

George Fisher's new book, Plea Bargaining's Triumph, is really three books in one. The first part is a careful, detailed explanation of how and why plea bargaining exploded in Middlesex County, Massachusetts in the nineteenth century. This part is the fruit of an impressive amount of original research in Massachusetts court records and newspaper archives. The second part of the book looks more broadly at other academic histories of plea bargaining in England, California, and New York. It explains how the forces that produced plea bargaining in Middlesex County likewise contributed to plea bargaining's rise elsewhere. The final part …


The Character Of Legal Reasoning, Brett G. Scharffs Mar 2004

The Character Of Legal Reasoning, Brett G. Scharffs

Washington and Lee Law Review

No abstract provided.


Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler Jan 2004

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …


Advocacy As History? That Takes The Prize! Gulag: A History [Book Review], Dana Neacsu Jan 2004

Advocacy As History? That Takes The Prize! Gulag: A History [Book Review], Dana Neacsu

Law Faculty Publications

Gulag: A History, the recipient of the 2004 Pulitzer Prize for general non-fiction, may be particularly well received by lawyers and law students because they can appreciate author Anne Applebaum's writing skills. Gulag reads like a lawyer's product: a conclusion replete with facts and arguments. Those who enjoy perfecting their legal skills while reading for pleasure should read this review. Gulag is, in essence, a successful legal brief.


My Dinner At Langdell's, Pierre Schlag Jan 2004

My Dinner At Langdell's, Pierre Schlag

Publications

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.


Rethinking Crime Legislation: History And Harshness, Victoria Nourse Jan 2004

Rethinking Crime Legislation: History And Harshness, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is a truth about the criminal law that scholars evade as much as they criticize: the criminal law is produced by legislators (rather than the experts). The author states she does not know of any way to make law in a democracy other than through the voters' representatives. And, yet, it is the standard pose of the criminal law scholar to denigrate legislatures and politicians as vindictive, hysterical, or stupid. All of these things may be true but name-calling is a poor substitute for analysis. As in constitutional law, so too in criminal law, it is time to put …


Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie May 2003

Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie

Michigan Law Review

Jefferson Powell is one of our foremost scholars of constitutional history. He is particularly adept at bringing extrajudicial sources to bear on constitutional issues. Owing perhaps in part to his extensive service in the Department of Justice, he has a special facility for the use of executive materials; he is surely our leading academic expert on executive interpretation of the Constitution. In his latest book Professor Powell applies his enviable skills to the recurring, fundamental, and controversial question of the division of authority between the President and Congress in the realm of foreign affairs. As is always the case when …


Reconceptualizing Criminal Law Defenses, Victoria Nourse Jan 2003

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …


Legal Orientalism, Teemu Ruskola Oct 2002

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …


Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie Jul 2002

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.


Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird Apr 2002

Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird

The Journal of Appellate Practice and Process

No abstract provided.


Learning More Than Law From Maryland Decisions, Ian Gallacher Jan 2002

Learning More Than Law From Maryland Decisions, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.


Above The Rules: A Response To Epstein And King, Frank Cross, Michael Heise, Gregory C. Sisk Jan 2002

Above The Rules: A Response To Epstein And King, Frank Cross, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

No abstract provided.


Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Chris Guthrie, Tracey E. George Jan 2002

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.


The Past, Present, And Future Of Empirical Legal Scholarship: Judicial Decision Making And The New Empiricism, Michael Heise Jan 2002

The Past, Present, And Future Of Empirical Legal Scholarship: Judicial Decision Making And The New Empiricism, Michael Heise

Cornell Law Faculty Publications

Over the last century, empirical legal scholarship has joined the ranks of the mainstream within the legal academy. In this article, Professor Heise traces the history of legal empiricism and discusses its growing role within the legal academy. First, the article traces legal empiricism through the twentieth century from the legal empiricism movement of the early twentieth century, to post-World War II efforts to revive legal empiricism, including the Chicago Jury Project and large-scale foundational support for empirical legal research, through current support for legal empirical research from both the law schools and other research centers. The article then discusses …


Irish Legal History: An Overview And Guide To The Sources, Janet Sinder Jan 2001

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder

Faculty Scholarship

No abstract provided.


Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff Jan 2001

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Publications

No abstract provided.