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2,671 full-text articles. Page 40 of 47.

Alternative Dispute Resolution And Confidence In The Judiciary: Chief Judge Bell's Culture Of Conflict Resolution, Deborah Thompson Eisenberg, Rachel Wohl, Toby Treem Guerin 2013 University of Maryland School of Law

Alternative Dispute Resolution And Confidence In The Judiciary: Chief Judge Bell's Culture Of Conflict Resolution, Deborah Thompson Eisenberg, Rachel Wohl, Toby Treem Guerin

Maryland Law Review

No abstract provided.


They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica 2013 Duke University School of Law

They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica

University of Michigan Journal of Law Reform

This introduction to the essays in this Symposium illuminates Professor Ed Cooper's years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background. We then describe some of Ed Cooper's many contributions to the Civil Rules Committee, the Federal Rules, rulemaking, and civil procedure by examining the present state of the Rules Committees' work under the Rules Enabling Act. We conclude that after almost eighty years of experience under that Act, it is working well in large part because of the sound leadership provided by Ed Cooper over …


Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler 2013 University of Oklahoma College of Law

Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler

University of Michigan Journal of Law Reform

Nobody had a greater impact on the formulation of the original Civil Rules than Clark. His role as both the principal architect2 and the principal draftsman3 of the Civil Rules is well known. As Professor Wright once put it, although the Civil Rules were a joint effort, "the end product bears the unmistakable Clark stamp."4 But Clark started shaping the Civil Rules even before drafting began.5 Initially, Chief Justice Hughes thought the civil rules project should be limited to creating rules for actions at law (leaving in place-and separate-the existing equity rules).6 A passionate advocate for merging law and equity …


Iron Man Of The Rules, Patrick E. Higginbotham 2013 U.S. Court of Appeals for the Fifth Circuit

Iron Man Of The Rules, Patrick E. Higginbotham

University of Michigan Journal of Law Reform

To grasp Professor Cooper's contribution to rulemaking, it is helpful to review issues that the Advisory Committee confronted during his tenure. I will focus on the first four of his twenty years of service.


Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller 2013 New York University Law School

Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller

University of Michigan Journal of Law Reform

My entry into the world of federal rulemaking was one of those unpredictable but welcome fortuities of life. In early 1961, more than a half century ago, I was a happy and progressing associate in a prominent medium-sized, Wall Street, New York City law firm. Columbia Law School approached me to be the Associate Director of its newly formed Project on International Procedure. They dangled several attractive incentives: I could try my hand at teaching some civil procedure; hobnob with the giants of the Columbia faculty, like Herb Wechsler, Walter Gellhorn, Maury Rosenberg, and Jack Weinstein; and take my first …


Is The Ourlook For The Law Faculty Employment More Fickle Than Most Juries?, Lauren K. Robel, Andrew Hibel 2013 Indiana University Maurer School of Law

Is The Ourlook For The Law Faculty Employment More Fickle Than Most Juries?, Lauren K. Robel, Andrew Hibel

Lauren Robel (2002 Acting; 2003-2011)

What does the future hold for law school faculty members? In this month's interview, we are fortunate to have the perspective of Lauren Kay Robel, a Val Nolan Professor of Law and Interim Provost and Executive Vice President at Indiana University Bloomington. Dean Robel discusses how the law professor market has changed and potential trends for the future. She also touches on topics such as the role of tenured legal professors, the increased need and importance of adjunct professors as well as female faculty moving into more leadership positions.


Matthew Hale (1609-1676): Four-Hundredth Anniversary, Joel Fishman 2013 Duquesne University

Matthew Hale (1609-1676): Four-Hundredth Anniversary, Joel Fishman

Law Faculty Publications

Matthew Hale stands along with Edward Coke and John Selden as one of the major lawyers of seventeenth-century England. Holdsworth said of Hale: "His character and talents made him easily the greatest lawyer of his day [and] the most scientific jurist that England had yet seen." Holdsworth also recognized him as the greatest common lawyer since Coke and as a lawyer superior to Coke.' The purpose of this short article is to acknowledge the four-hundredth anniversary of his birth and provide a short summary of the major events in his life along with a bibliography of books written by him …


Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy 2013 Antitrust Division, United States Department of Justice

Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy

Cleveland State Law Review

This Article analyzes the jurisprudence of one of the most transformative Supreme Court Justices, William J. Brennan, Jr., from the perspective of his vision that the United States Constitution is founded on Human Dignity. Justice Brennan expressed this principle in his opinions that advanced the realization of individual rights for each and every American. The principle of human dignity invokes the values of equality and liberty. The article shows that Justice Brennan traced the principle of human dignity back to the Founding Fathers and the constitutional government that they established. Rather than being unhinged from the Constitution as his critics …


Memorial: Colleen Kristl Pauwels (1947-2013), Linda K. Fariss 2013 Indiana University Maurer School of Law

Memorial: Colleen Kristl Pauwels (1947-2013), Linda K. Fariss

Articles by Maurer Faculty

A memorial of Colleen Pauwels, Associate Professor of Law and Director of the Law Library at the Indiana University Maurer School of Law.


Keeping Up With Jim Jones: Pioneer, Taskmaster, Architect, Trailblazer, Kimberlé W. Crenshaw 2013 Columbia Law School

Keeping Up With Jim Jones: Pioneer, Taskmaster, Architect, Trailblazer, Kimberlé W. Crenshaw

Faculty Scholarship

It is a special honor to have this opportunity to celebrate Professor Jim Jones's pivotal role in integrating the ranks of the law professoriat. Jim Jones was of course not the only one who hoped that the number of minority law professors would swell as the number of law graduates increased, but unlike those who simply watched and waited, Jim Jones decided to actually do something about the infamous "pool problem" in legal education.

Through his innovation, mentoring, and dogged advocacy, Jim Jones put action to passion, quietly, deliberately, and diligently creating a pipeline of minority law teachers. I know …


Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke 2013 Columbia Law School

Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke

Faculty Scholarship

I want to welcome back Justice Ginsburg to Columbia Law School. She has been a frequent visitor since her time here as a student in the late 1950s and again as a member of our faculty in the 1970s. I know she knows, but it is worth reiterating that she always has a home here at Columbia.


In Tribute: M. Katherine B. Darmer, Tom Campbell, Erwin Chemerinsky, Bobby L. Dexter, Katherine M. Franke, Mark Osler, Marisa S. Cianciarulo, James L. Doti, Richard D. Fybel, Kirsten E. Gillibrand, Tiffany Chang 2013 Chapman University School of Law

In Tribute: M. Katherine B. Darmer, Tom Campbell, Erwin Chemerinsky, Bobby L. Dexter, Katherine M. Franke, Mark Osler, Marisa S. Cianciarulo, James L. Doti, Richard D. Fybel, Kirsten E. Gillibrand, Tiffany Chang

Faculty Scholarship

The editors of the Chapman Law Review respectfully dedicate this issue to Professor M. Katherine B. Darmer.


Foreword To When A Woman Campaigns: Emily Sloan's Races To Become Montana's First Female County Attorney, Bari R. Burke 2013 University of Montana School of Law

Foreword To When A Woman Campaigns: Emily Sloan's Races To Become Montana's First Female County Attorney, Bari R. Burke

Faculty Law Review Articles

This essay introduces Emily Sloan and her races to become Montana's first female county attorney.


Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette 2013 Boston College

Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette

University of Michigan Journal of Law Reform

The parallels between Bacon's career and that of Edward H. Cooper are, of course, obvious. Bacon was one of the great legal minds of his day. Unlike the common-law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). Indeed, my thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading and is, in fact, the intellectual forbearer of the likes of Charles …


Shoes That Did Not Drop, Richard Marcus 2013 University of California, Hastings College of Law

Shoes That Did Not Drop, Richard Marcus

University of Michigan Journal of Law Reform

I take "Shoes That Did Not Drop"' as my topic because I appreciate, by now, that what the Advisory Committee on Civil Rules does not do is, in some ways, as important as what it does. Similarly, the decision not to do something is equally important as, and may be more difficult than, the decision to do something. It may sometimes seem that amending the Rules is too easy. Greg Joseph once said that they are amended as often as the telephone book. Some even think that it was a mistake to create a Rules Committee.3 These reactions are overstated, …


Thinking, Big And Small, Stephen B. Burbank 2013 University of Pennsylvania Law School

Thinking, Big And Small, Stephen B. Burbank

University of Michigan Journal of Law Reform

Reading Kahneman's book and thinking about a tribute to Ed Cooper that has more substance than a bouquet have caused me to reflect on a phenomenon within the world of legal scholarship. I would call it a cognate phenomenon, but that would dishonor the empirical basis of Kahneman's work by suggesting a firmer basis for my reflections than the power of analogical reasoning. The phenomenon is the view that the goal of legal scholarship is or should be big ideas, particularly if they can claim the mantle of theory, rather than small ideas, particularly if they can be tarred with …


Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix 2013 University of Texas School of Law

Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix

University of Michigan Journal of Law Reform

In celebration of his twentieth year as the Reporter for the Advisory Committee on Civil Rules, I write to contribute some modest reflections on Professor Cooper's tenure as Advisory Committee Reporter. My comments are those of an academic who had the opportunity to observe the Advisory Committee for nearly a decade, but they are largely the comments of an outsider. Readers might be disappointed to find that there is no dish or inside baseball here.


What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve 2013 University of Pennsylvania Law School

What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve

University of Michigan Journal of Law Reform

In this brief essay, I will describe some of what I have learned from Ed Cooper as a fellow participant in the rulemaking process and as a coauthor of two volumes of his Federal Practice and Procedure treatise. To describe everything that Ed has taught me would require much more than the length of this essay. So instead, I will try to offer some representative examples-or, as Ed might say, some "sketches." Because others will discuss Ed's expert guidance of the Rules Committees' consideration of key issues concerning the Civil Rules, my discussion of Ed's scholarship and reporting work will …


Maryland's Family Division: Sensible Justice For Families And Children, Barbara A. Babb 2013 University of Maryland Francis King Carey School of Law

Maryland's Family Division: Sensible Justice For Families And Children, Barbara A. Babb

Maryland Law Review

No abstract provided.


The Maryland Legal Aid Bureau: Decades Of Service And Reform, José Felipé Anderson 2013 University of Maryland Francis King Carey School of Law

The Maryland Legal Aid Bureau: Decades Of Service And Reform, José Felipé Anderson

Maryland Law Review

No abstract provided.


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