Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 2 of 2
Full-Text Articles in Legal Writing and Research
Reimagining Langdell's Legacy: Puncturing The Equilibrium In Law School Pedagogy, Laura A. Webb
Reimagining Langdell's Legacy: Puncturing The Equilibrium In Law School Pedagogy, Laura A. Webb
Law Faculty Publications
For more than 150 years, legal education has largely followed the course charted by Christopher Columbus Langdell when he became dean of Harvard Law School in 1870. Langdell’s innovations included the case method, high-stakes summative assessments, and preferences for faculty members with experience in “learning law” rather than practicing it. His proposals were innovative and responsive to challenges in legal education at the time, but this Article argues that taking Langdell’s approach to reform—including a willingness toimplement radical changes in the face of institutional shortcomings—requires reimagining his methods for the benefit of today’s students. We identify key deficiencies of the …
Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.
Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.
Law Faculty Publications
This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).
Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …