The Green BagPub Date : 2018-06-21DOI: 10.2139/ssrn.3200706
James Mcgrath, Andrew P. Morriss
{"title":"Assessments All the Way Down","authors":"James Mcgrath, Andrew P. Morriss","doi":"10.2139/ssrn.3200706","DOIUrl":"https://doi.org/10.2139/ssrn.3200706","url":null,"abstract":"The role of assessments is getting attention throughout legal education. A growing acceptance of the Graduate Record Examination (“GRE”) as an alternative to the Law School Aptitude Test (“LSAT”) and its incorporation into the U.S. News & World Report (“USN&WR”) law school rankings opened the door to changes in who is going to law school and how they are recruited. At the other end of students’ journey through legal education, the discussion of recent graduates’ bar exam performance – linked by some to declining LSAT scores of entering students – raised questions about the design of bar exams as well as about law schools’ preparation of graduates for the bar. In between, the American Bar Association’s incorporation of assessment into its accreditation process spurred growing interest in how law schools conduct assessments and is prompting changes in how legal educators evaluate students. In this article, we begin with the issues raised by the GRE’s appearance as an alternate pathway. Next, we set out assessment principles likely to influence future conversations in the legal academy. Then we look at how the bar results discussion connects to improving assessment strategies. Finally, we conclude with speculation about what this all means.","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116652050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 2015-08-18DOI: 10.2139/SSRN.2647032
Brian L. Frye
{"title":"The Most Scholarly Justices","authors":"Brian L. Frye","doi":"10.2139/SSRN.2647032","DOIUrl":"https://doi.org/10.2139/SSRN.2647032","url":null,"abstract":"Supreme Court justices both use and produce legal scholarship. This article identifies the ten most scholarly justices, based on both productivity and impact. The results suggest that scholarly productivity and scholarly impact are only partially correlated. They also suggest that scholarly productivity peaked in the mid-20th Century, but scholarly impact is broadly distributed.","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117108791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 2009-11-23DOI: 10.2139/SSRN.1511894
C. Bradley, J. Goldsmith
{"title":"Foreign Sovereign Immunity and Domestic Officer Suits","authors":"C. Bradley, J. Goldsmith","doi":"10.2139/SSRN.1511894","DOIUrl":"https://doi.org/10.2139/SSRN.1511894","url":null,"abstract":"Under international law, official-capacity suits brought against a foreign state’s officers are treated as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses. This immunity regime differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. This essay attempts to explain why the immunity rules differ between the two regimes. We begin by showing that the differential treatment of foreign and domestic officer suits has deep roots in British and American common law. We then show that Congress has not acted to alter this common law backdrop, and we explain the significance of this fact. Finally, we discuss functional reasons for the long-time differential treatment of suits against domestic and foreign officials.","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116259810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 1900-01-01DOI: 10.1093/nq/s3-ix.235.533c
Paul D. Carrington
{"title":"A Military Salute","authors":"Paul D. Carrington","doi":"10.1093/nq/s3-ix.235.533c","DOIUrl":"https://doi.org/10.1093/nq/s3-ix.235.533c","url":null,"abstract":"Recent efforts of military lawyers to provide representation for those “detained” at Guantanamo bring to mind an earlier example of professional moral courage. On July 2, 1942, President Roosevelt proclaimed the appointment of a military commission to try the eight German saboteurs who had been delivered to the United States by German submarines only to be captured, perhaps because two of them had informed on the others. As an addendum to his proclamation, the President appointed two colonels to represent the eight accused in the proceeding, which was to be held immediately.","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132416003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 1900-01-01DOI: 10.2139/SSRN.1978337
A. Frost
{"title":"In Defense of Scholars' Briefs: A Response to Richard Fallon","authors":"A. Frost","doi":"10.2139/SSRN.1978337","DOIUrl":"https://doi.org/10.2139/SSRN.1978337","url":null,"abstract":"In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now. This response begins by describing the benefits of scholars’ briefs to both the bench and the legal academy, and then explains why scholars’ briefs may permissibly make arguments in the form of advocacy, rather than scholarship. Although I agree with Fallon that authors and signatories of scholars’ briefs must satisfy different standards than those that apply to practicing lawyers writing amicus briefs - such as being experts in the subject area and sincerely believing in the result the brief advocates - I do not believe that such briefs must adhere to the norms that apply to legal scholarship. I argue that the realities of litigation, in which a judge’s decision is inevitably influenced by both precedent and politics, coupled with the adversarial context in which such briefs are filed, justifies their departure from the pure standards of scholarship.","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121702543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 1900-01-01DOI: 10.2307/j.ctvqsf07z.10
Erwin Chemerinsky
{"title":"The End of an Era","authors":"Erwin Chemerinsky","doi":"10.2307/j.ctvqsf07z.10","DOIUrl":"https://doi.org/10.2307/j.ctvqsf07z.10","url":null,"abstract":"","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123230808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 1900-01-01DOI: 10.1001/jama.1984.03350090060024
N. Rapoport
{"title":"Plus Ça Change, Plus C’est La Même Chose","authors":"N. Rapoport","doi":"10.1001/jama.1984.03350090060024","DOIUrl":"https://doi.org/10.1001/jama.1984.03350090060024","url":null,"abstract":"","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122804022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 1900-01-01DOI: 10.2139/ssrn.3118523
Robin C. Feldman
{"title":"Artificial Intelligence: The Importance of Trust & Distrust","authors":"Robin C. Feldman","doi":"10.2139/ssrn.3118523","DOIUrl":"https://doi.org/10.2139/ssrn.3118523","url":null,"abstract":"","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133835633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Green BagPub Date : 1900-01-01DOI: 10.4135/9781483302799.n104
C. Sunstein
{"title":"The Dred Scott Case","authors":"C. Sunstein","doi":"10.4135/9781483302799.n104","DOIUrl":"https://doi.org/10.4135/9781483302799.n104","url":null,"abstract":"","PeriodicalId":245319,"journal":{"name":"The Green Bag","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129420197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
求助内容：
应助结果提醒方式：