Doctrine

About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.

Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution

Abstract: Acknowledgments Introduction 1. Understanding Federalist Society Network Influence Part I: The State Exists to Preserve Freedom 2. The Right of the People to Keep and Bear Arms: Lost and Found 3. Judicial Activism, Inc.: The First Amendment, Campaign Finance, and Citizens United Part II: The Separation of Governmental Powers is Central to Our Constitution 4. Federalism and the Commerce Power: Returning to " 5. State Sovereignty and the Tenth Amendment: The Anti-Commandeering Doctrine Part III: It is Emphatically the Province and Duty of the Judiciary Branch to Say What the Law Is, Not What It Should Be 6. Saying What the Law Is: The Federalist Society and the Conservative Counterrevolution Appendix A - An Agenda for Future Research: Looking Back, Looking Forward Appendix B - List of Interviews References Index

The Thin Blue Line: How Humanitarianism Went to War

Abstract: The idea that we should "do something" to help those suffering in far-off places is the main impulse driving those who care about human rights Yet, from Kosovo to Iraq, military interventions have gone disastrously wrong In this groundbreaking new book, Conor Foley explores how the doctrine of humanitarian intervention has been used to allow states to invade other nations in the name of human rightsDrawing on his own experience of working in over a dozen conflict and post-conflict zones, Foley shows how the growing influence of international law has been used to override the sovereignty of the poorest countries in the world "The Thin Blue Line" describes how, in the last twenty years, humanitarianism has emerged as a multibillion dollar industry that has played a leading role in defining humanitarian crises, and shaping the foreign policy of Western governments and the United Nations Yet, too often, this has been informed by myths and assumptions that rest on ill-informed post-imperial arrogance Movements set up to show solidarity with the powerless and dispossessed have ended up betraying them instead

Quantitative Legal Prediction--or--How I Learned to Stop Worrying and Start Preparing for the Data-Driven Future of the Legal Services Industry

Abstract: INTRODUCTIONThis Essay is about solutions-real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.We have all heard a great deal about the problems facing legal education (and the legal profession more generally). Pundits have gone on for years about how law graduates are ill prepared for practice.1 More recently, there has been a seemingly endless barrage of commentary about the difficulty recent law graduates face in finding jobs.2Often these commentators suggest extreme remedies (such as closing down all United States law schools or completely deregulating law practice so that anyone can offer legal services).3 Others suggest less extreme, but unrealistic remedies (such as forcing law faculties to change how they teach, stopping them from writing so that they can teach more, or doing away with faculty governance so that they have no say over these matters).4My goal here is not to debate the many criticisms that have been leveled at legal education. While these criticisms may be overstated at times,5 I will start from the premise-which I believe is hard to debate-that most law schools could do a better job than they currently do to prepare their graduates to practice law and to get jobs.I will start by discussing a potential solution to these problems that is nonextreme, well researched, and relatively well accepted within the legal academy: the recommendations contained in the 2007 Carnegie Foundation report on legal education, titled Educating Lawyers (Carnegie Report).6 I will then explore why the Carnegie Report recommendations are still far from fully implemented in most U.S. law schools. Finally, I will recommend a set of realistic strategies for law schools to more fully implement the Carnegie Report's recommendations, and introduce a nationwide initiative called Educating Tomorrow's Lawyers that is designed to facilitate this process.I. THE CARNEGIE SOLUTIONMost critics of legal education focus on two basic problems in American law schools. First, they charge, law schools do not adequately prepare graduates for legal practice.7 Law schools might do a decent job of teaching their students how to read and analyze appellate cases, most critics concede.8 But this is only a small part of the skill set required to be a lawyer, and the critics claim that law schools do not do a very good job of teaching the remainder of that skill set.9 That is, law schools do not prepare practice-ready lawyers.A second, and related, criticism is that law graduates have had an increasingly hard time finding good jobs.10 Some of this may be related to the recent recession and may ease as the economy recovers. Other parts of this problem may be the result of a "new normal," in which there are competitive forces impacting law practice that will not change even after the economy recovers.11 However, for purposes of this Essay, I will assume that at least part of the problem lies in the realm of legal education. Specifically, law schools could do a better job of preparing their graduates to compete for high-quality legal jobs if we did a better job of preparing practice-ready lawyers.12What might surprise many outside of the legal academy is that there is a potential set of solutions to these problems that is close-at-hand: the recommendations of the Carnegie Report.13 The authors of that report compared legal education to other forms of professional education, to the elements of the practice of law, and to adult learning theory, and reached two basic conclusions.14 First, the report concluded that American law schools do a relatively good job of teaching students about legal doctrine and how to determine that doctrine and its limits.15 But, the Carnegie Report concluded, law schools have traditionally not done a very good job of teaching the skills for deploying that doctrine in the service of real clients or the professional identity required to understand the role of a lawyer. …

More Supreme than Court? The Fall of the Political Question Doctrine and the Rise of Judicial Supremacy

Abstract: This Article traces the rise and the fall of the political question doctrine and explores the relationship of the doctrine to the Supreme Court's contemporaneous view of its institutional competency and the proper scope of judicial review. The Article provides this account for both the classical political question doctrine, which is rooted in the text and structure of the Constitution, and the prudential political question doctrine, which is a judicially created method of avoiding certain constitutional questions. The Article chronicles the Supreme Court's disregard in recent years for both versions of the doctrine, including an extensive analysis of the applicability of the political question doctrine to the Article II question in the 2000 presidential election cases. The Court's failure even to consider the doctrine in those cases reflects the doctrine's demise. The Article argues that the fall of the political question doctrine is part of a larger trend in which the Supreme Court has embraced the view that it alone among the three branches of government has the power and competency to provide the full substantive meaning of all constitutional provisions. The Article concludes that the demise of the political question doctrine is troubling because the doctrine forces the Court to confront the institutional strengths of the political branches - and the Court's weaknesses - in resolving some constitutional questions.