Religion

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

File

Ideology, Propaganda and Legal Discourse in the Argument Culture, ExpressO (2007)

The issues at the heart of America’s social conflicts are being forced into the choices...

 

Link

Roe v. Wade and The Conflict Between Legal, Political and Religious Truth, SSRN (2006)

This essay focuses on the nature of legal, political and religious truth, a trilogy of...

 

Constitutional Law

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

Law and Society

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

PDF

Redesigning the American Law School, Michigan State Law Review (2010)

In other industries when there is a decline or severe curtailment of the demand for...

 

PDF

The Illusion of Creative Scholarship in American Universities and Law Schools (2010)

The aim of this brief essay is to explore several of the dominant forms of...

 

Hypocrisy and Myth: The Hidden Order of the Rule of Law (with Daniel D. Barnhizer), Scholarship Collection (2009)

The Rule of Law is neither a scientific nor a particularly rational invention, but an...

 

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

File

Ideology, Propaganda and Legal Discourse in the Argument Culture, ExpressO (2007)

The issues at the heart of America’s social conflicts are being forced into the choices...

 

Link

Myth, Magic and Mystery: Defending the Hidden Order of the Rule of Law (with Daniel D. Barnhizer), SSRN (2007)

Abandonment of a belief in the objectivity of knowledge, along with the postmodernist assertion that...

 

PDF

An Essay on Strategies for Facilitating Learning, SSRN (2006)

There is a convenient assumption among many American law teachers that the existing model of...

 

OpenURL

Profession Deleted: Using Market and Liability Forces to Regulate the Very Ordinary Business of Law Practice for Profit, Georgetown Journal of Legal Ethics (2004)

This essay is obviously critical about the general quality of legal services now being sold...

 

OpenURL

Human Rights as a Strategic System, Effective Strategies for Protecting Human Rights: Economic Sanctions, Use of National Courts and International Fora, and Coercive Power (2001)
 

PDF

The Virtue of Ordered Conflict: A Defense of the Adversary System, Nebraska Law Review (2000)

My underlying thesis is that American society is in increasing danger of falling victim to...

 

PDF

The Justice Mission of American Law Schools, Cleveland State Law Review (1992)

The scholar's dilemma, particularly those scholars in disciplines such as law that are irreversibly linked...

 

OpenURL

Prophets, Priests and Power Blockers: Three Fundamental Roles of Judges and Legal Scholars in America, University of Pittsburgh Law Review (1988)

This Article is concerned with legal scholars' intellectual and social obligations emerging from their having...

 

Jurisprudence

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

PDF

The Illusion of Creative Scholarship in American Universities and Law Schools (2010)

The aim of this brief essay is to explore several of the dominant forms of...

 

Hypocrisy and Myth: The Hidden Order of the Rule of Law (with Daniel D. Barnhizer), Scholarship Collection (2009)

The Rule of Law is neither a scientific nor a particularly rational invention, but an...

 

Link

The "Delicately Constituted Fiction" of The Rule of Law, Rule of Law in the New Millennium: Changing Scenario (2008)
 

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

File

Ideology, Propaganda and Legal Discourse in the Argument Culture, ExpressO (2007)

The issues at the heart of America’s social conflicts are being forced into the choices...

 

Link

The 'Delicately Constituted Fiction' of the Rule of Law, SSRN (2007)

The Rule of Law is a human aspiration and its "delicately constituted fiction" operates through...

 

PDF

An Essay on Strategies for Facilitating Learning, SSRN (2006)

There is a convenient assumption among many American law teachers that the existing model of...

 

PDF

A Chilling of Discourse, Saint Louis University Law Journal (2006)

I argue that the key consequence of the collectives of multicultural, postmodernists, radical feminists, critical...

 

Link

Roe v. Wade and The Conflict Between Legal, Political and Religious Truth, SSRN (2006)

This essay focuses on the nature of legal, political and religious truth, a trilogy of...

 

Link

Old Revolutionaries, New Dictators: The Politicization of Scholarship in the Modern Law School, SSRN (2005)

The effect of ideology and propagandistic techniques on intellectual freedom, independence and strategic choice of...

 

PDF

Truth or Consequences in Legal Scholarship?, Hofstra Law Review (2005)

There has been an erosion of the ideal of truth as a guiding force for...

 

PDF

The Virtue of Ordered Conflict: A Defense of the Adversary System, Nebraska Law Review (2000)

My underlying thesis is that American society is in increasing danger of falling victim to...

 

PDF

Natural Law as Practical Methodology: A Finnisian Analysis of City of Richmond v. Croson, Cleveland State Law Review (1990)

The first part of this article examines some of the main features of Finnis's theory...

 

Judges

File

Ideology, Propaganda and Legal Discourse in the Argument Culture, ExpressO (2007)

The issues at the heart of America’s social conflicts are being forced into the choices...

 

OpenURL

Prophets, Priests and Power Blockers: Three Fundamental Roles of Judges and Legal Scholars in America, University of Pittsburgh Law Review (1988)

This Article is concerned with legal scholars' intellectual and social obligations emerging from their having...

 

Public Law and Legal Theory

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

PDF

The Illusion of Creative Scholarship in American Universities and Law Schools (2010)

The aim of this brief essay is to explore several of the dominant forms of...

 

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

File

Ideology, Propaganda and Legal Discourse in the Argument Culture, ExpressO (2007)

The issues at the heart of America’s social conflicts are being forced into the choices...

 

PDF

An Essay on Strategies for Facilitating Learning, SSRN (2006)

There is a convenient assumption among many American law teachers that the existing model of...

 

International Law

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

Link

A Tale of Two Women: The Vilification of Brigitte Bardot and Oriana Fallaci, SSRN (2005)

A process of thought and speech control relying on the strategic use of law has...

 

PDF

Effective Strategies for Protecting Human Rights: A Conference Engaging the International Community, Law Notes (2001)

Human rights protection needs teeth. And those who work in the disparate field of human...

 

Effective Strategies For Protecting Human Rights: Economic Sanctions, Use of National Courts and International Fora and Coercive Power, Scholarship Collection (2001)

This text brings together the experiences of a diverse range of leading human rights advocates...

 

Effective Strategies For Protecting Human Rights: Prevention and Intervention, Trade, and Education, Scholarship Collection (2001)

The second volume of Effective Strategies for Protecting Human Rights concentrates on strategies for increasing...

 

OpenURL

Human Rights Strategies for Investigation and "Shaming," Resisting Globalization Rhetoric, and Education, Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade, and Education (2001)
 

OpenURL

Trade, Environment and Human Rights: The Paradigm Case of Industrial Aquaculture and the Exploitation of Traditional Communities, Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade, and Education (2001)

This chapter explores the collision of competing systems and vaules in the specific context of...

 

PDF

Welcome to Mongolia: From Genghis to Gingrich, Law Notes (1998)

My environmental work has increasingly assumed an international dimension, an odd twist in a career...

 

PDF

Don't Ride Buses in Honduras, Law Notes: Cleveland-Marshall Alumni News (1997)

The first indication my trip to Honduras might be eventful came when our airplane divebombed...

 

Comparative Law

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

Link

A Tale of Two Women: The Vilification of Brigitte Bardot and Oriana Fallaci, SSRN (2005)

A process of thought and speech control relying on the strategic use of law has...

 

Comparison of Russian and American Clinical Education, Proceedings of the CSU/Novgorod University Conference on Clinical Legal Education (2000)
 

PDF

Welcome to Mongolia: From Genghis to Gingrich, Law Notes (1998)

My environmental work has increasingly assumed an international dimension, an odd twist in a career...

 

PDF

Don't Ride Buses in Honduras, Law Notes: Cleveland-Marshall Alumni News (1997)

The first indication my trip to Honduras might be eventful came when our airplane divebombed...

 

Immigration Law

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

Human Rights Law

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

PDF

Effective Strategies for Protecting Human Rights: A Conference Engaging the International Community, Law Notes (2001)

Human rights protection needs teeth. And those who work in the disparate field of human...

 

Effective Strategies For Protecting Human Rights: Economic Sanctions, Use of National Courts and International Fora and Coercive Power, Scholarship Collection (2001)

This text brings together the experiences of a diverse range of leading human rights advocates...

 

Effective Strategies For Protecting Human Rights: Prevention and Intervention, Trade, and Education, Scholarship Collection (2001)

The second volume of Effective Strategies for Protecting Human Rights concentrates on strategies for increasing...

 

OpenURL

Human Rights as a Strategic System, Effective Strategies for Protecting Human Rights: Economic Sanctions, Use of National Courts and International Fora, and Coercive Power (2001)
 

OpenURL

Human Rights Strategies for Investigation and "Shaming," Resisting Globalization Rhetoric, and Education, Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade, and Education (2001)
 

OpenURL

Trade, Environment and Human Rights: The Paradigm Case of Industrial Aquaculture and the Exploitation of Traditional Communities, Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade, and Education (2001)

This chapter explores the collision of competing systems and vaules in the specific context of...

 

Civil Rights

PDF

Reverse Colonization: Islam, Honor Cultures and the Confrontation between Divine and Quasi-Secular Natural Law, ExpressO (2007)

Repression of discourse through direct and indirect governmental power and through measures that appear entirely...

 

Professional Ethics

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

Link

Golem, 'Gollum', Gone: The Lost Honor of the Legal Profession, SSRN (2011)

The golem is the mud and stick figure of folklore created to protect Jews from...

 

Link

Children of a Lesser God: Lawyers, Economics, and the Systemic Corruption of the Legal Profession, SSRN (2009)

This essay focuses on the economics of law practice, the oversupply of lawyers, and the...

 

OpenURL

Profession Deleted: Using Market and Liability Forces to Regulate the Very Ordinary Business of Law Practice for Profit, Georgetown Journal of Legal Ethics (2004)

This essay is obviously critical about the general quality of legal services now being sold...

 

PDF

"On the Make": Campaign Funding and the Corrupting of the American Judiciary, Catholic University Law Review (2001)

The thesis offered here is that the cost of judicial campaigns has reached a level...

 

PDF

Princes of Darkness and Angels of Light: The Soul of the American Lawyer, Notre Dame Journal of Law, Ethics & Public Policy (2000)

The increasing belief among many lawyers that life is comprised of "fear and greed and...

 

Economics

Link

Children of a Lesser God: Lawyers, Economics, and the Systemic Corruption of the Legal Profession, SSRN (2009)

This essay focuses on the economics of law practice, the oversupply of lawyers, and the...

 

Effective Strategies For Protecting Human Rights: Economic Sanctions, Use of National Courts and International Fora and Coercive Power, Scholarship Collection (2001)

This text brings together the experiences of a diverse range of leading human rights advocates...

 

OpenURL

Trade, Environment and Human Rights: The Paradigm Case of Industrial Aquaculture and the Exploitation of Traditional Communities, Effective Strategies for Protecting Human Rights: Prevention and Intervention, Trade, and Education (2001)

This chapter explores the collision of competing systems and vaules in the specific context of...

 

Legal Education

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

Link

The Purposes and Methods of American Legal Education, Journal of the Legal Profession (2011)

The best way to represent the focus of the essay’s analysis is by outlining its...

 

PDF

The Illusion of Creative Scholarship in American Universities and Law Schools (2010)

The aim of this brief essay is to explore several of the dominant forms of...

 

Link

Old Revolutionaries, New Dictators: The Politicization of Scholarship in the Modern Law School, SSRN (2005)

The effect of ideology and propagandistic techniques on intellectual freedom, independence and strategic choice of...

 

Comparison of Russian and American Clinical Education, Proceedings of the CSU/Novgorod University Conference on Clinical Legal Education (2000)
 

PDF

Of Rat Time and Terminators, Journal of Legal Education (1995)

A version of rat time is being created within the legal profession as law schools...

 

PDF

Freedom to Do What? Institutional Neutrality, Academic Freedom and Academic Responsibility, Journal of Legal Education (1993)

Our topic is whether law schools should remain institutionally neutral, presumably concerning the fundamental political...

 

PDF

The Justice Mission of American Law Schools, Cleveland State Law Review (1992)

The scholar's dilemma, particularly those scholars in disciplines such as law that are irreversibly linked...

 

OpenURL

The Purposes of the University in the First Quarter of the Twenty-first Century, Seton Hall Law Review (1992)

This article examines the history of universities, the role of the new university in American...

 

OpenURL

The University Ideal and Clinical Legal Education, New York Law School Law Review (1990)

The fundamental question raised by the practical, political, and advocacy orientations of many clinical faculty,...

 

PDF

The Revolution in American Law Schools, Cleveland State Law Review (1989)

There is a continuing revolution in American law schools that is transforming legal scholarship, teaching,...

 

OpenURL

The University Ideal and the American Law School, Rutgers Law Review (1989)

The first part of this Article discusses the university ideal. This is offered prior to...

 

OpenURL

Prophets, Priests and Power Blockers: Three Fundamental Roles of Judges and Legal Scholars in America, University of Pittsburgh Law Review (1988)

This Article is concerned with legal scholars' intellectual and social obligations emerging from their having...

 

OpenURL

A Clinical Carol, AALS Clinical Newsletter (1987)
 

OpenURL

Teaching and Testing Clinical Skills, Legal Education and Lawyer Competency: Curricula for Change (1981)
 

PDF

The Clinical Method of Legal Instruction: Its Theory and Implementation, Journal of Legal Education (1979)

This article assists the process of understanding the clinical methodology by analyzing the following premises....

 

Manual for Clinical Teachers, Scholarship Collection (1978)
 

PDF

Clinical Education at the Crossroads: The Need for Direction, Brigham Young University Law Review (1977)

This Commentary rests on five premises. The first is that it is both possible and...

 

Legal Profession

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

Link

Golem, 'Gollum', Gone: The Lost Honor of the Legal Profession, SSRN (2011)

The golem is the mud and stick figure of folklore created to protect Jews from...

 

Link

Children of a Lesser God: Lawyers, Economics, and the Systemic Corruption of the Legal Profession, SSRN (2009)

This essay focuses on the economics of law practice, the oversupply of lawyers, and the...

 

OpenURL

Profession Deleted: Using Market and Liability Forces to Regulate the Very Ordinary Business of Law Practice for Profit, Georgetown Journal of Legal Ethics (2004)

This essay is obviously critical about the general quality of legal services now being sold...

 

PDF

Princes of Darkness and Angels of Light: The Soul of the American Lawyer, Notre Dame Journal of Law, Ethics & Public Policy (2000)

The increasing belief among many lawyers that life is comprised of "fear and greed and...

 

Legal Analysis and Writing

PDF

Truth or Consequences in Legal Scholarship?, Hofstra Law Review (2005)

There has been an erosion of the ideal of truth as a guiding force for...

 

Politics

PDF

Ten Elements of "Real" Ethics in the Practice of Law (and Life) (2012)

The legal profession has been “running a game” on its clients and on American society...

 

PDF

"On the Make": Campaign Funding and the Corrupting of the American Judiciary, Catholic University Law Review (2001)

The thesis offered here is that the cost of judicial campaigns has reached a level...

 

Legal Strategy and Trial Practices

Link

A Trial Strategist's Template: Lessons from Musashi's Book of Five Rings and Sun Tzu's Art of War, SSRN (2010)

The trial strategist must learn to anticipate the unexpected, and be able to avoid being...

 

The Warrior Lawyer: Powerful Strategies for Winning Legal Battles, Scholarship Collection (1997)

The Warrior Lawyer combines the wisdom of Sun Tzu's classic work on military strategy, The...

 

Dispute Resolution

Link

ADR and Independent Dispute Evaluation, SSRN (2011)

The combination of lawyers’ economic self-interest, caseload demands, knowledge deficiencies and employer and opponent behavior...

 

Environmental Law

Link

Waking from Sustainability's 'Impossible Dream': The Decision-Making Realities of Business and Government, Georgetown International Environmental Law Review (2006)

As companies are expected to implement global codes of conduct such as the United Nations...

 

Link

Operational Versus Rhetorical Sustainability: Conflicting Goals, Values and Functions, SSRN (2005)

The ideal of sustainability - what I am calling "rhetorical sustainability" - as introduced in...

 

OpenURL

Of Standards, Regulations and Market Campaigns: Going Beyond the Rhetoric (with Isabel de la Torre), Blues of a Revolution (2003)
 

The Blues of a Revolution: The Damaging Impacts of Shrimp Farming (with Isabel de la Torre), Scholarship Collection (2003)

Case studies from around the world dealing with the damaging social and environment impacts of...

 

OpenURL

Environmental Activism on the Internet, Advocacy, Activism and the Internet: Community Organization and Social Policy (2002)
 

PDF

Welcome to Mongolia: From Genghis to Gingrich, Law Notes (1998)

My environmental work has increasingly assumed an international dimension, an odd twist in a career...

 

OpenURL

Showdown at Implementation Gap: The Failure of Agenda 21 (with Jacob Scherr), Ecodecision (1997)

Of all the agreements and documents adopted at the Earth Summit, the most impressive and...

 

OpenURL

The Role of Non-Governmental Organizations in Saving the Oceans, Oceans II- The Challenges Ahead in Oceans Policy (1997)
 

Cyberspace Law

PDF

Propertization, Contract, Competition, and Communication: Law's Struggle to Adapt to the Transformative Powers of the Internet, Cleveland State Law Review (2006)

This Symposium focuses in part on the ideas of Margaret Radin as a point of...

 

OpenURL

Environmental Activism on the Internet, Advocacy, Activism and the Internet: Community Organization and Social Policy (2002)
 

Consumer Protection Law

No subject area

Link

Environmental Policy-Making: Reflections on the Process of Technology Assessment, Santa Clara Lawyer (1973)

The limitations on the nature of our technologically oriented decisions are in large part a...