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Inoculation Theory and Legal Communication
No full textInoculation theory is well suited to be strategically applied in the legal and courtroom contexts. Previous studies have assessed inoculation strategies intended to preempt a mock jury perception that an expert witness is a “hired gun” in civil and criminal trials. Other studies have shown inoculation to be a superior strategy to sponsorship in dealing with “bad facts,” which refer to unfavorable information about a client expected to be brought up by the opposing counsel during a trial. This chapter will focus on previous applications of inoculation in the legal context and offer additional areas where inoculation-based strategies could be effective
Martin Luther King Jr. Day 2026 Display 09
No full textBook open to Jonathan Eig\u27s book, p. 340, Ch. 28 The Most Dangerous Negro opposite is photo of MLK in Alabama.https://scholarship.law.tamu.edu/mlk-day-2026-photos/1008/thumbnail.jp
Balkin Amid Balkanization: Constitutional Construction, the Uses of History, and Interpretive Discretion in a Divided Country
No full textProfessor Jack Balkin’s Memory and Authority is a good book by a great constitutional theorist, but it gives me some pause. Balkin’s account of legitimate constitutional construction is so capacious and seemingly accepting of a results orientation that it may be difficult to discern when someone is doing it wrong. Balkin repeatedly implies that more is better, both regarding the number of modalities of constitutional interpretation and the kinds of history that are relevant to making constitutional arguments. Moreover, he repeatedly declares that “history is a resource and not a command.” But modality creep may make it more challenging for pluralists to answer the charge that their methodology makes it possible for users to reach whatever outcome they want. Likewise, history must be both a resource and a constraint if an interpretive theory is also to restrain, not just to license, interpretive discretion. More is not necessarily better when one imagines constitutional law being made by people who do not share one’s values. In the United States, constitutional law is made by Supreme Court Justices who do not share the values of a significant percentage of the country, and the problem is worse during a polarized era. Although Balkin does not emphasize them, certain concepts and practices have been central to the generations-long effort to constrain judicial discretion: a general allegiance to judicial restraint, a genuine commitment to stare decisis in constitutional disputes, a presumption in favor of incrementalism in judicial decision making, and a dedication to giving principled reasons for judicial decisions. Those ideas and others discussed in this Essay fall under the heading of judicial role morality, which has long been discussed by the legal profession due to the perceived importance of identifying constraining conceptions of a Justice’s institutional role
Martin Luther King Jr. Day 2026 Display 05
No full textBook: King: A Life by Jonathank Eighttps://scholarship.law.tamu.edu/mlk-day-2026-photos/1004/thumbnail.jp
From the Classroom to the Courtroom and Beyond
No full textBook Description:
Fostering First Gen Success and Inclusion: A Guide for Law Schools provides law schools with practical and substantive tools to support first-generation law students. A first-generation law student refers to law students whose parents did not attend college. While they experience unique challenges, they also bring tremendous skills and values to the institution.
This book illustrates the challenges and characteristics of all first-generation law students by looking at a diverse range of first-generation law student populations. It is designed to assist law schools with creating an inclusive environment for first-generation law students and to foster success in all aspects of their law school journey, from admission to post graduation.
More than 45 contributors (including many former first gen students themselves) offer their experiences and their insights as to how first gen students can be supported and can flourish. Whether it be for situations such as orientation programming, academic success help, doctrinal or legal writing classrooms, experiential education, or career development and bar exam support, this book offers guidance and support. And of course, the voices of next gen students themselves resonate throughout
Health Truth to Power: Professional Collaboration to Bolster Trust Against Misinformation
No full textThis Article is about health, leaving aside more general challenges to shared civic information today. The Article begins by surveying the principal challenges for health information in post-pandemic, arguably post-truth America, and then describes briefly the sources and limits of medical professional authority. Noting the double-edged sword of free speech guarantees under the U.S. Constitution, the Article continues by commenting on speaking truth to government, to industry, and to the crowd. Next, the Article considers the physicians’ role in speaking truth to power from the perspective of standard medical professional ethics and identity, comparing it to that of lawyers. Finally, this Article comments on the potential benefits for trust and truth from collaborations between professions (e.g., medical-legal partnership), and with communities, when engaging public controversies that encompass not only medical science and social circumstance but also what Donald Berwick has called the moral determinants of health
Looking Forward, Reflecting Back: The Promise of Dispute Resolution to Reform the Criminal Legal System
No full textThe criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is despite the widespread use of dispute resolution processes which are often looked to as processes that can contribute to meaningful change. Why have these processes and reforms had such limited impacts