Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona,
2013
Barry University
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …
Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr,
2013
Barry University
Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli
Faculty Scholarship
In his autobiography, Chief Justice Earl Warren described Baker v.Carr as “the most important case of [his] tenure on the Court.” Following Brown v. Board of Education by eight years, Baker was the second “blockbuster” case of the Warren Court. Warren felt that, if the progeny of Baker had preceded Brown, Brown would have been unnecessary. As with other major Supreme Court cases, Baker featured rhetoric from highly influential justices, two of whom in this case were Justice William Brennan and Justice Felix Frankfurter. Justice Brennan would write the groundbreaking opinion for the Court that would be part of “the …
Patenting Nature: A Problem Of History,
2013
Brooklyn Law School
Patenting Nature: A Problem Of History, Christopher Beauchamp
Faculty Scholarship
No abstract provided.
Scaled Legislation & The Legal History Of The Common Good,
2013
Washington and Lee University School of Law
Scaled Legislation & The Legal History Of The Common Good, Jill M. Fraley
Scholarly Articles
None available.
Globalization And Law: Law Beyond The State,
2013
Duke Law School
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence,
2013
University of Colorado Law School
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey
Michigan Journal of Gender & Law
This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to …
Professor Edward Cooper: The Quintessential Reporter,
2013
University of California
Professor Edward Cooper: The Quintessential Reporter, Mary Kay Kane
University of Michigan Journal of Law Reform
Ed Cooper's twenty-year service as the Chief Reporter for the Civil Rules Advisory Committee deserves special recognition and tribute not only because of its longevity-which is remarkable in and of itself-but more particularly, because of the scope and depth of the rule changes he has helped to shepherd into law.
Teaching Legal History In The Age Of Practical Legal Education,
2013
University of Missouri School of Law
Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams
Faculty Publications
Historian Henry Steele Commager said, “History is useful in the sense that art is useful--or music or poetry or flowers; perhaps even in the sense that religion and philosophy is useful .... For without these things life would be poorer and meaner.” For law students who anticipate a career representing private and public clients and participating in public discussion, however, study of legal history carries rewards beyond intellectual stimulation and personal satisfaction. Law students contemplating client representation should ponder Justice Holmes's advice that “[h]istory must be a part of the study [of law], because without it we cannot know the …
The Secret "Kill List" And The President,
2013
American University Washington College of Law
The Secret "Kill List" And The President, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Introduction: China Re-Rising: Innovation And Collaboration For A Successful Twenty-First Century,
2013
Benjamin N. Cardozo School of Law
Introduction: China Re-Rising: Innovation And Collaboration For A Successful Twenty-First Century, Lindsay Korotkin
Cardozo Law Review de•novo
All eyes are on China in the twenty-first century, as it emerges as one of the fastest growing economies in the world. At the same time, losses in various industries are attributed to piracy—a substantial amount of which is alleged to occur within China’s borders—and the Chinese government is routinely criticized for its weak enforcement measures against counterfeiting activities and intellectual property infringement on its soil. Cardozo Law Review de•novo’s online symposium, “China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century” focuses on China’s overall transition from a manufacturing to an innovation economy and how this transition affects …
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk,
2013
Benjamin N. Cardozo School of Law
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
Why Dennis?,
2013
California Western School of Law
Why Dennis?, Michal R. Belknap
Faculty Scholarship
This article briefs the legal history and significance of the Supreme Court case Dennis v. United States, 341 U.S. 494 (1951). In Dennis, the Supreme Court upheld the constitutionality of a federal criminal statute, officially known as the Alien Registration Act of 1940, but more commonly referred to as the Smith Act, after its sponsor, Representative Howard Smith (D. Va.). The Smith Act made it a crime to teach and advocate the violent overthrow of the government or to set up an organization that engaged in such teaching and advocacy. In other words, it criminalized a certain kind of …
The Dialectic Of Stare Decisis Doctrine,
2013
University of Baltimore School of Law
The Dialectic Of Stare Decisis Doctrine, Colin Starger
All Faculty Scholarship
In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and doctrine. On the one hand, stare decisis functions as a generally applicable presumption in favor of adherence to precedent. This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. On the other hand, when the Court considers overruling a particularly controversial precedent, it usually weighs the constraining force of stare decisis by invoking factors and tests announced in its own prior caselaw. In other words, the Court has precedent about when …
The Unanimous Verdict According To The Talmud: Ancient Law Providing Insight Into Modern Legal Theory,
2013
Pace University
The Unanimous Verdict According To The Talmud: Ancient Law Providing Insight Into Modern Legal Theory, Ephraim Glatt
Pace International Law Review Online Companion
Part I of this paper will provide background information regarding the current academic discussion surrounding the unanimous verdict. Part II will discuss the startling Talmudic passage on the unanimous verdict. It will additionally focus on one explanation that radically reinterprets this passage. Part IIIA will introduce two schools of thought on the rationale behind the anti-unanimity rule. Part IIIB will highlight two areas of modern legal theory affected by such rationales.
Surrender And Subordination: Birth Mothers And Adoption Law Reform,
2013
University of Baltimore School of Law
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels
Michigan Journal of Gender & Law
For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform,
2013
Saint Louis University School of Law
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
Michigan Journal of Gender & Law
As this Article shows, the conventional historical narrative of the divorce revolution is not so much incorrect as incomplete. Histories of the divorce revolution have focused disproportionately on the introduction of no-fault rules and have correctly concluded that women's groups did not play a central role in the introduction of such laws. However, work on divorce law has not adequately addressed the history of marital-property reform or engaged with scholarship on the struggle for the Equal Rights Amendment to the federal Constitution. Putting these two bodies of work in dialogue with one another, the Article provides the first comprehensive history …
How Customary Is Customary International Law?,
2013
Duke Law School
How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young
Faculty Scholarship
No abstract provided.
Oh, The Treatise!,
2013
Duke Law School
Oh, The Treatise!, Richard A. Danner
Faculty Scholarship
This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins …
Some Pluralism About Pluralism: A Comment On Hanoch Dagan’S “Pluralism And Perfectionism In Private Law”,
2013
Duke Law School
Some Pluralism About Pluralism: A Comment On Hanoch Dagan’S “Pluralism And Perfectionism In Private Law”, Jedediah Purdy
Faculty Scholarship
No abstract provided.
Faithful Agency Versus Ordinary Meaning Advocacy,
2013
Fordham University School of Law
Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney
Faculty Scholarship
This Article contends that ordinary meaning analysis based on dictionaries and language canons cannot be reconciled with the faithful agent model. Fidelity to Congress as a principal entails fidelity to its lawmaking enterprise, not to words or sentences divorced from that enterprise. Congress has indicated that it does not value dictionaries as part of its lawmaking process, and it ascribes at most limited weight to language canons in that process. Further, Justices advocating ordinary meaning analysis too often use dictionary definitions, and language canons such as the rule against surplusage, the whole act rule, and ejusdem generis, in ways that …
