Legal Writing and Research Commons^™

From The Editor, Steven Lopez - Editor

Vanderbilt Journal of Entertainment & Technology Law

Welcome to the second issue of The Vanderbilt Journal of Entertainment Law & Practice. As always, we have blended legal scholarship, readable style, and engaging design to create a publication that we hope is as informative as it is entertaining. In the areas of Music, Internet, Film/TV, and Sports, you'll hear from scholars, practitioners, students, and even a United States Congressman on issues that are timely, compelling, and relevant, to life and practice. We'd like to thank the professional and student writers whose sleep- less nights and deadline-driven efforts made this publication possible. We also owe a great debt of …

Critical Approaches To Property Institutions, Michael A. Heller

Faculty Scholarship

Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …

Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers

Law Faculty Articles and Essays

Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.

Postmodern Legal Movements will prove useful to those in search of …

Writing Across The Margins: An Introduction, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Why Cross Boundaries?, Mary Ann Glendon

Washington and Lee Law Review

No abstract provided.

Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan

Washington and Lee Law Review

No abstract provided.

Interdisciplinarity As Colonization, J. B. Balkin

Washington and Lee Law Review

No abstract provided.

Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson

Publications

Ms. Thompson explores the challenge of teaching law school faculty how to research effectively, especially in light of a unique "faculty culture" and differences in individual learning styles.

Manuscript Selection Anti-Manifesto, Carl W. Tobias

Law Faculty Publications

Joining a conversation begun by James Lindgren, An Author's Manifesto, 61 U. Chi. L. Rev. 527 (1994), Prof. Tobias discusses the process of submission, review, and editorial work on articles published in student-edited law reviews.

An Author's Manifesto (Manifesto) constructively criticizes the amazingly arcane process of law review publication and affords salient suggestions for its improvement. The essay treats two aspects of this process-the selection of manuscripts and the editing of articles which sustain that venerable institution: student-edited law journals. Manifesto regales readers with many terrible tales of travesties which involve article editing but recounts comparatively few sordid stories that …

Legal Classics: After Deconstructing The Legal Canon, Francis J. Mootz Iii

Scholarly Works

The debate over the canon has gripped the University in recent years. Defenders of the canon argue that canonical texts embody timeless and universal themes, but critics argue that the process of canonization subordinates certain people and viewpoints within society in order to assert the existence of a univocal tradition. Originating primarily in the field of literary criticism, the canon debate recently has emerged in legal theory.

Professor Francis J. Mootz argues that the issues raised by the canon debate are relevant to legal scholarship, teaching and practice. After reviewing the extensive commentary on the literary canon, Professor Mootz criticizes …

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 …

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 …

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 …

Law Review Usage And Suggestions For Improvement: A Survey Of Attorneys, Professors, And Judges, Max Stier, Kelly M. Klaus, Dan L. Bagatell, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

We do not need to worry about the consumers of law reviews because they really do not exist. A few professors who author texts must read some of the articles, but most volumes are purchased to decorate law school library shelves. The only purchasers of law reviews outside of academe are law firms which gladly pay for the volumes even though no one reads them.

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

Articles

No abstract provided.

Writing For Judges, Pierre Schlag

Publications

No abstract provided.

How New Information Technologies Will Change The Way Law Professors Do And Distribute Scholarship, Peter W. Martin

Cornell Law Faculty Publications

Using a typology of legal scholars, Professor Martin explores the impact of new information technology on their work. His analysis suggests that increased use of electronic media in legal scholarship is likely to have a profound effect on the institutional structures of law schools, and he raises doubts about the continuing need for traditional academic law libraries in the future.

Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson

All Faculty Scholarship

In 1937, when Fred Rodell issued his once-famous diatribe, some 150 law-related journals were being published (not to mention thousands of local newspapers and countless full-color comic books). Now there are over eight hundred legal periodicals (not to mention a drastically dwindled number of daily papers, and precious few comics). Both Solomon and Rodell have been all but forgotten. What, indeed, have we wrought? Although Rodell predicted his original panning would have no effect, could he have anticipated the sheer dimensions of this worst-case scenario - that his "professional purveyors of pretentious poppycock" would have spawned so furiously, that the …

Preface, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

Demystifying Legal Scholarship, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Brilliant, The Curious, And The Wrong, Pierre Schlag

Publications

No abstract provided.

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Publications

No abstract provided.

Earl Warren: The Judge Who Changed America. By Jack Harrison Pollack, Richard Y. Funston

Vanderbilt Law Review

Earl Warren was a decent, personable, and humane man who had the good fortune to preside over the Supreme Court of the United States at a peculiarly propitious moment. That, surely, is enough to say for any man's lifetime, and someday the definitive biography of Warren will say it. In the meantime, it remains some-thing of a mystery why aging liberals find it necessary to canonize the late Chief Justice. Nevertheless, journalist Jack Harrison Pollack's Earl Warren: The Judge Who Changed America is the latest addition to the Warren hagiography. In it you meet Warren,the self-effacing, underpaid, young District Attorney; …

Edmund M. Morgan, Felix Frankfurter

Vanderbilt Law Review

On a rough estimate, there were some two hundred items of every variety of legal writing: text books, case books, an unpretentious but wise little volume on the Introduction to the Study of Law, the successive stages of the Code of Evidence of the American Law Institute, essays scattered in dozens of law reviews, as well as those contained between book covers, like his Carpentier Lectures, book reviews, surveys of developments in the law both in the Nation and latterly in Tennessee. He has not been a one-subject scholar. But in one field, Evidence,he has become the contemporary master. History …

John Dewey--A Philosophy Of Law For Democracy, Jay W. Murphy

Vanderbilt Law Review

On what bases can a philosophy of law be founded which is equal to the task of the democratization of man in the world today? The purpose of this article is to present some suggestions concerning the fuller use of John Dewey's philosophy in this important regard. In addition to an examination of Dewey's theory of justice, it will be suggested that the richness of Dewey's thought and the variety of its uses in legal scholarship and legal education have yet to be felt.

Some Basic Questions Regarding Legal Classification For Professional And Scientific Purposes, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

On Research In Law -- A Challenge And A Proposal, Jerome Hall

Articles by Maurer Faculty

No abstract provided.