Learning About Law . . . by Watching Football?

instant replayWho knew you could learn so much about jurisprudence from the NFL rulebook?  In a new paper on SSRN, Chad Oldfather (Vikings fan) and 3L Matthew Fernholz (Bears fan) demonstrate that it is surprisingly illuminating to compare and contrast the rules of instant replay with the rules of appellate review.  Their title says it all: “Comparative Procedure on a Sunday Afternoon: Instant Replay in the NFL as a Process of Appellate Review.”  Here is the abstract:

During his confirmation hearings, Chief Justice John Roberts famously likened the judicial role to that of a baseball umpire. The increased prevalence of video evidence makes it likely that judges will find another sporting analogue for their role – that of the instant replay official in the NFL. (Indeed, many have already done so.) This Essay explores the analogy. In so doing it seeks not only to consider its appropriateness in a narrow sense (much as many commentators considered the appropriateness of the Chief Justice’s analogy), but also to conduct something of a comparative analysis and thereby to use it as a vehicle for illustrating some general characteristics of a process of decisional review.

This is a fun and — only six days until the Packers’ season opener! — timely article.

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Law School and the Hero’s Journey

129202-004-13CDB5F1Most law school professors are conflicted about their own experiences as law students.  We remember law school as an exceedingly unpleasant place, filled with crushing amounts of work and a hostile professoriate.  It is not surprising that law school is often depicted as a de-humanizing experience in the media, whether in books like Scott Turow’s One L or in movies such as The Paper Chase.  This recent post, by Professor Mazzie, seems to reflect a pervasive concern that the demands of law school can even erode our own sense of identity, a process that ultimately transforms students into soul-less apparatchiks of the legal system.  I, myself, have felt this way at times.

Some law professors (and I do not intend to include my colleagues in this group) respond to these conflicted feelings by endeavoring to reduce the stress of law school.  They reject the Socratic method as unnecessarily antagonistic and outdated.  They reduce the workload, and their expectations of the students, in order to leave more room in the students’ lives for the “real world.”  They may even take a rather forgiving view of the grading process.  Their intention is to make the current generation of law students happier during their law school experience than these professors remember being during their own.

The odd thing is that, when law students are provided with this de-stressed version of law school, I have found them to be even less satisfied with their law school experience.  Law students come to law school expecting to be challenged.  They want to have their abilities tested, and even found wanting on occasion.  In some sense, when students find the law school experience to be too easy, the law school experience loses meaning for them.

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Seventh Circuit Criminal Case of the Week: Ink Blots, Allocution, and Error

seventh circuit

The Seventh’s Circuit opinion last week in United States v. Noel (No. 07-2468) reveals a substantial division over how to handle violations of a defendant’s right to address the court at sentencing.  As now codified in Federal Rule of Criminal Procedure 32, the Supreme Court has held that defendants must be personally invited to address the court before being sentenced; it is not enough for defense counsel to be given an opportunity to speak.  I have long thought this right of allocution to be a Rorschach test of sorts, revealing fundamental disagreements in the way that criminal procedure rights are conceptualized. 

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