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In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.
In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
“An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law
Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.
Complements the book "The moral imagination and the legal life" by the same editorial team.
"In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman"--
In the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.
The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.
PLEASE NOTE: This book is available only as an ebook. Print copies are not available. Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student''s understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes. The accompanying Teacher''s Manual provides invaluable tips for both new and experienced instructors. Baseball and the Law received the 2017 Baseball Research Award, awarded by the Society for American Baseball Research (SABR). "The authors have adopted a familiar casebook format, presenting edited opinions followed by notes providing legal and factual context. While this book''s format is traditional, the content is anything but. Chapters are designed to orient readers to the variety of legal issues involving commissioners, teams, stadiums, players, fans, and amateurs. Through the authors'' efforts to collect and organize these cases, Baseball and the Law illuminates how the law shapes the way baseball is played and enjoyed." -- The Harvard Law Review "[This book] is like no baseball book I''ve ever had the pleasure to pick up (or, at hardback and 1,040 pages, do curls with). [...] I''m neither a lawyer nor a reviewer of books, but I find Baseball and the Law to be a fun volume to have on the bookshelf. Gift givers looking for a baseball item for the fan who has everything have something unique to consider as a stocking stuffer. Because unless your fan is a student or a professor at a participating law school, (s)he doesn''t have this." -- Howard Cole, Forbes "I must confess that when I read Baseball and the Law, it was the first textbook I could remember that I actually enjoyed reading. It is not only a significant compilation of the cases that have provided the law relating to baseball, it is also a remarkable history of the sport and the business surrounding it. After a couple of essays in the introduction, the authors begin with a review of baseball cases dating back to the 1800s. While I am no expert in baseball law, I cannot conceive of any area of baseball law that is not covered by the book. I have to assert that Baseball and the Law is a phenomenal compilation of the law regarding most, if not all, facets of baseball litigation and law. It is truly an enjoyable read." -- Major B. Harding (former chief justice of the Florida Supreme Court and shareholder with Ausley McMullen in Tallahassee), The Florida Bar Journal "For anyone who has a deep interest in the game of baseball and wants to understand its legal history, this is a fascinating book as well as a great reference tool." -- Vince Gennaro, President of Society for American Baseball Research (SABR) "[Schiff and Jarvis have] combined their work and play to create an innovative way to teach law--and perhaps expand the trivia repertoire of diehard fans. [Baseball and the Law] is a 1,040-page look at 110 of the game''s most intriguing or iconic legal disputes...The extensive and sometimes intriguing case notes span centuries. They reach from 1791, when a Massachusetts town passed an ordinance banning baseball from being played within 250 feet of a church (to protect its windows) to modern-day rulings reflecting the rise of performance drug use by professional athletes." -- Diane C. Lade, South Florida Sun-Sentinel "[This book] covers a slew of cases involving Baseball and the law...Readers can find litigation involving George Steinbrenner, Pete Rose, John Rocker and the Black Sox, along with cases about antitrust laws, fans, teams, comissioners, broadcast rights, gambling, owner conduct, competitive balance, baseball cards and even hot dogs being shot into the stands. Schiff and Jarvis spice up the book with informative and colorful notes that even a layman can understand. The scope of their research is breathtaking, drawing from books, magazines, broadcasts, scholarly works and newspapers." -- Bob D''Angelo, The Sports Bookie "As prolific baseball book reviewer Ron Kaplan has already written about this one: "The closest I''ll ever get to law school" is reading this. We agree. And we''d also encourage anyone who thinks they may have a shot at becoming the MLB Commissioner some day, start by lawyering up and investing knowledge here about how the game is still held together by the strings of historical court documents." -- Tom Hoffarth, Farther Off the Wall "The casebook''s coverage is comprehensive. Cases are organized from baseball''s point of view, rather than traditional categoies of legal subject areas. There are chapters on Commissioners, Teams, Stadiums, Players, Fans and Amateurs. I think this is a helpful approach: generally speaking, outside the walls of law schools and law firms, client''s legal problems are not organized into legal categoies, and the sooner students realize this, the better. [...]I wondered whether women would be missing entirely from such a casebook, but this isn''t true of Baseball and the Law and it feels like the authors made a deliberate effort to address this concern. In addition to a number of cases dealing with sex discrimination ... the Notes discuss MLB''s domestic violence policy and women''s history and future in professional baseball as players and umpires; a number of women are cited in the Notes, particularly in the Introduction; and there are photos of Justice Sonia Sotomayor (''''the woman who saved baseball'''' and the 1995 season) throwing out the first pitch at a Yankees game and of Little League World Series pitching phenom Mo''ne Davis. [...]the Notes are a goldmine of baseball facts and lore, and, more importantly, help to place the cases in their historical and social context. This brings the cases to life and made me want to read the next case which is exactly what law professors want their students to do, and should be the ultimate goal of any law school casebook." -- Gail Henderson, University of Alberta''s Faculty Blog "Whoever wants to know the heart and mind of America had better learn baseball. So wrote French philosopher Jacques Barzum in a 1954 book, "God''s Country and Mind." Maybe he should have written that whoever wants to know about American law should learn baseball. That''s the approach taken by a Broward County judge and a Nova Southeastern law professor who have just published Baseball and the Law, a 1,040 page textbook intended to spark teaching the subject at law schools, and just maybe provide some entertaining and educational reading for the baseball-afflicted lawyers." -- Gary Blankenship, The Florida Bar News "When it comes to baseball and the courts ... Baseball and the Law spells out many of the cases that made Milwaukee famous in baseball jurisprudence--cases that helped shape the game as it is today." -- Chris Foran, The Milwaukee Journal Sentinel (from 11 new baseball books to add to your lineup) "Baseball and the Law offers a wealth of information for students and baseball fans alike... Schiff and Jarvis present cases and notes that help us appreciate, understand, and gain insight into some of the most important legal and social issues of the past and present... The abundance of information and wealth of knowledge that this text offers makes it an invaluable resource... [I]t is current, enthusiastic, well-researched, thorough, and full of fascinating, historical details (lots of interesting baseball trivia too)... One of the most enjoyable aspects of the text is the notes following the cases. The notes practically comprise a treatise on baseball law and lore in and of themselves." -- Russ VerSteeg, Marquette Sports Law Review "Baseball and the Law is intended to be a textbook for courses in this specialized area. It is probably ideal for its intended purpose, but it is also a remarkable reference tool for anyone interested in the topic. The greatest strength of the book is its level of detail. It is more than one thousand pages of big-picture overview, small details, and reference after reference. Every baseball-related legal case I have ever heard of, as well as hundreds that I knew nothing about, appears to be excerpted or described in the text. Further, the authors reference baseball historians, philosophers, political scientists, journalists, and bloggers who have written on the topic. These references are more than simply citations; rather, they are brief summations of the author''s points and sometimes a critique of that perspective. These references are more like an annotated bibliography than the traditional footnotes to which a sport historian might be used." --Sarah K. Field, Journal of Sport History "This is a book that every lawyer who is also a baseball fan (or any kind of sports fan) will enjoy reading and referencing... It is hard to write about baseball without, wel