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Toward The Study Of The Legislated Constitution, Robin West 2011 Georgetown University Law Center

Toward The Study Of The Legislated Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Law schools, both innovative and traditional, cutting edge and hidebound, demand and therefore teach tolerance, civil respect for those whose views and dreams differ from our own, a commitment to the equal dignity of all persons, an awareness of the individuality of each of us, and the challenges that those differences and that equality pose to the generalizing impulse in law. Likewise, law schools, virtually everywhere, convey or should convey a sensitivity to bare or naked human vulnerability, mortality, weakness, and need, and therefore a sense in students of the moral need of all of us for law’s protection, as …


An Empirical Analysis Of Empirical Legal Scholarship Production, 1990-2009, Michael R. Heise 2011 Cornell Law School

An Empirical Analysis Of Empirical Legal Scholarship Production, 1990-2009, Michael R. Heise

Cornell Law Faculty Publications

Inspired by the retirement of Professor Tom Ulen of the University of Illinois, the author considers the growth and development of empirical legal scholarship over two decades—a period of time that corresponds, not coincidentally, with Professor Ulen’s career. Starting in the 1990s when empirical scholarship had not yet “caught on,” the author first documents the increase in quantity of empirical scholarship over two decades. Next, the author applies a law and economics perspective to the recent surge in empirical scholarship, explaining that the trend has been fueled by an increase in the number of empirically trained scholars and also by …


The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington 2011 Duke Law School

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Faculty Scholarship

During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …


Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi 2011 Columbia Law School

Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi

Faculty Scholarship

Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …


Harry Kalven, Jr., Vincent A. Blasi 2011 Columbia Law School

Harry Kalven, Jr., Vincent A. Blasi

Faculty Scholarship

The first week of law school is for most students an intimidating experience. Everyone is so serious. My first week was leavened considerably by Harry Kalven. A group of students and Kalven were watching the seventh game of the 1964 World Series in the student lounge of the University of Chicago Law School. The broadcast was interrupted by a news bulletin: Nikita Khrushchev had just been deposed. Viewers were treated to several minutes of political and diplomatic analysis, with correspondents around the globe speculating on what this might mean for East-West relations. One of my classmates, an amateur Kremlinologist …


The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty 2011 Columbia Law School

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …


Keynote Discussion: Just Exactly What Does A Transactional Lawyer Do?, William J. Carney, Ronald J. Gilson, George W. Dent 2011 Emory University School of Law

Keynote Discussion: Just Exactly What Does A Transactional Lawyer Do?, William J. Carney, Ronald J. Gilson, George W. Dent

Faculty Scholarship

Panel discussion from the Center for Transactional Law and Practice at Emory University School of Law’s second biennial Transactional Law Conference, “Transactional Education: What's Next?” (June 2010).


Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan 2011 Columbia Law School

Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan

Faculty Scholarship

The combination of current economic conditions and recent changes in the United States' welfare system makes representation of unemployment insurance claimants by clinic students a timely learning opportunity. While unemployment insurance claimants often share similarities with student attorneys, they are unable to access justice as easily as student attorneys, and as a result, face the risk of severe poverty. Clinical representation of unemployment claimants is a rich opportunity for students to experience making a difference for a client, and to understand the issues of poverty and justice that these clients experience along the way. These cases reveal that larger lessons …


Law Clerks Out Of Context, Parker B. Potter Jr. 2010 Law Clerk to the Hon. Steven J. McAuliffe, Chief Judge, United States District Judge for the District of New Hampshire; Adjunct Professor, University of New Hampshire School of Law

Law Clerks Out Of Context, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the state …


Vol. 39, No. 13 (November 29, 2010), 2010 Maurer School of Law: Indiana University

Vol. 39, No. 13 (November 29, 2010)

Indiana Law Annotated

No abstract provided.


Vol. 61, No. 4, November 24, 2010, University of Michigan Law School 2010 University of Michigan Law School

Vol. 61, No. 4, November 24, 2010, University Of Michigan Law School

Res Gestae

•Turning Up the Heat in Hutchins •Law & Lit •Torts and Football •The Beer Gal •Save Yourself •Zach Letter Law •Beauty and the Bite •Jenny Runkles •Kicking it Old School •Alt-Prom Pics •Crossword


Vol. 39, No. 12 (November 22, 2010), 2010 Maurer School of Law: Indiana University

Vol. 39, No. 12 (November 22, 2010)

Indiana Law Annotated

No abstract provided.


Vol. 61, No. 3, November 20, 2010, University of Michigan Law School 2010 University of Michigan Law School

Vol. 61, No. 3, November 20, 2010, University Of Michigan Law School

Res Gestae

•Where in the World Were You on Wednesday? •The Beer Gal •When You Were Cooler •Sudoku •Zach Letter Law •Law & Lit •Food Court •Kicking it Old School •Nannes Challenge Results •Halloween Party Pics •Crossword


Objections Overruled: The Trial Advocacy Course Should Be Mandatory, Malachy E. Mannion 2010 U.S. District Court for the Middle District of Pennsylvania

Objections Overruled: The Trial Advocacy Course Should Be Mandatory, Malachy E. Mannion

Pace Law Review

No abstract provided.


Remarks On The Occasion Of The Thirtieth Anniversary Of The Pace Law Review, Stephen J. Friedman 2010 Pace University

Remarks On The Occasion Of The Thirtieth Anniversary Of The Pace Law Review, Stephen J. Friedman

Pace Law Review

No abstract provided.


Celebrating Thirty Years Of The Pace Law Review, Michelle S. Simon 2010 Pace University School of Law

Celebrating Thirty Years Of The Pace Law Review, Michelle S. Simon

Pace Law Review

No abstract provided.


Vol. 39, No. 11 (November 15, 2010), 2010 Maurer School of Law: Indiana University

Vol. 39, No. 11 (November 15, 2010)

Indiana Law Annotated

No abstract provided.


Oral History Interview With Low Kee Yang: Conceptualising Smu, Kee Yang LOW 2010 Singapore Management University

Oral History Interview With Low Kee Yang: Conceptualising Smu, Kee Yang Low

Oral History Collection

The interview covered: first involvement with SMU, university education in Singapore, curriculum, CIRCLE values, private university, logo, teaching pedagogy, interview students for admissions, legal aspects, incorporation of SMU, first day of class, law school, challenges, student recruitment, law internships, Juris Doctor programme, challenges.

Biography:

Associate Professor of Law, SMU, 2000–present

Member of SMU start-up team

Professor Low Kee Yang joined the start-up team for SMU in 1998; one of his responsibilities was supervising legal matters. He served as deputy dean of the business school from 1999 to 2002 and chaired the organising committee for the Lee Kuan Yew Global Business …


Vol. 39, No. 10 (November 8, 2010), 2010 Maurer School of Law: Indiana University

Vol. 39, No. 10 (November 8, 2010)

Indiana Law Annotated

No abstract provided.


News @ Georgia Law, November 2010, Office of Communications and Public Relations 2010 University of Georgia School of Law

News @ Georgia Law, November 2010, Office Of Communications And Public Relations

News @ UGA School of Law

Fifth alumnus selected to clerk for Supreme Court in seven years; Nuclear security and non-proliferation conference to be held Friday; Sutherland Courtyard and Hirsch Hall to undergo transformation; Former Georgia lieutenant governor and noted legal journalist to teach this spring; Paul Begala addresses Georgia Law students; Georgia Law recognized nationwide; Federal appeals court visits campus; Faculty on the Record; Advocacy program off to good start; Former Georgia Law Associate Professor Richard Nagareda dies; Honoring the memory of Gabriel Wilner; “Robes in the Schools” program comes to Georgia Law; Midyear alumni events to take place in Athens; Longtime law school registrar …


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