David Barnhizer

Cleveland-Marshall College of Law, Cleveland State University

1801 Euclid Avenue

Cleveland, OH 44115

United States

SCHOLARLY PAPERS

40

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6,650

SSRN CITATIONS
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Top 49,927

in Total Papers Citations

3

CROSSREF CITATIONS

7

Scholarly Papers (40)

1.

An Essay on Strategies for Facilitating Learning

Cleveland-Marshall Legal Studies Paper No. 06-127
Number of pages: 42 Posted: 05 Jun 2006
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 583 (48,177)

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Teaching, Learning

2.

Competitive Data Trends for Great Lakes and Midwest Law Schools 2012-2015

Cleveland-Marshall Legal Studies Paper No. 294
Number of pages: 19 Posted: 10 Mar 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 385 (80,056)

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law schools failing, declining applicant, Great Lakes law schools, lawyer surplus, declining law student quality, low LSAT scores of admitted law students, law schools' distinct "competitive footprints", shifting population demographics, "local" law schools versus "regional" and "national"

3.

Waking from Sustainability's 'Impossible Dream': The Decision-Making Realities of Business and Government

Georgetown International Environmental Law Review, Vol. 18, 2006, Cleveland-Marshall Legal Studies Paper No. 06-123
Number of pages: 90 Posted: 26 Jan 2006
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 375 (82,608)

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Sustainability, environmentalism, globalization

4.

Roe V. Wade and the Conflict between Legal, Political and Religious Truth

Cleveland-Marshall Legal Studies Paper No. 05-104
Number of pages: 70 Posted: 14 Mar 2005
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 363 (85,780)

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ethics, philosophy, truth, abortion

5.

Through a PRISM Darkly: Surveillance and Speech Suppression in the 'Post-Democracy Electronic State'

Cleveland-Marshall Legal Studies Paper No. 13-258
Number of pages: 71 Posted: 29 Sep 2013
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 331 (95,206)
Citation 5

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PRISM, national security, NSA, National Security Agency, liberal democracy, cultural democracy, decline of democracy, speech suppression, free speech, propaganda, speech intimidation, Social Tsunami, racism, phobias, surveillance and monitoring, profiling, Aristotle's democracy, individualism

6.

The Future of Work: Apps, Artificial Intelligence, Automation and Androids

Cleveland-Marshall Legal Studies Paper No. 289
Number of pages: 20 Posted: 17 Jan 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 296 (107,703)
Citation 1

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economics, law, Schumpeter, creative destruction, lawyers, law schools, legal education, jobs, job loss, disappearing middle class, shrinking law employment, law school debt, Artificial Intelligence, apps, computer applications and software in law, robotics and job displacement, future of work

7.

Myth, Magic and Mystery: Defending the Hidden Order of the Rule of Law

Cleveland-Marshall Legal Studies Paper No. 07-149
Number of pages: 92 Posted: 18 Oct 2007
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 262 (122,420)
Citation 2

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Rule of Law, natural law, divine law, postmodernism, Aristotle, law as umpire, Deism and God, Intelligent Design and Darwin, Rule of Law as a "Hidden Order", law as the language of power, noncumulative knowledge and law, hypocrisy and self-deception, religion and natural law as the sources of value

8.

Redesigning the American Law School

Cleveland-Marshall Legal Studies Paper No. 09-182
Number of pages: 41 Posted: 08 Jan 2010
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 258 (124,518)
Citation 1

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law schools, accreditation standards, accreditation changes, loss of legal jobs, surplus of lawyers, changes in the legal profession, educational debt, over supply of lawyers, lawyer layoffs, ABA accreditation, distance learning, alternative law schools, University of Phoenix, downsizing law schools

9.

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

Cleveland-Marshall Legal Studies Paper No. 07-142
Number of pages: 77 Posted: 18 Apr 2007
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 246 (130,719)

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Rule of Law, clash of civilizations, free expression, divine natural law, secular natural law, anti-terrorism legislation, religion and society, cultural identity, Islam and Western societies, criminalization of speech, identity politics, colonization, colonial

10.

The Purposes and Methods of American Legal Education

Cleveland-Marshall Legal Studies Paper No. 11-205, Journal of the Legal Profession, Forthcoming
Number of pages: 52 Posted: 01 Jun 2011 Last Revised: 15 Jun 2011
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 230 (139,646)

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legal education, law teaching, law schools, legal philosophy, thinking like a lawyer, educational method, Langdell, legal science, law curriculum

11.

An Essay on 'Framing' and Fanaticism: Propaganda Strategies for Linguistic Manipulation

Cleveland-Marshall Legal Studies Paper No. 13-260
Number of pages: 7 Posted: 25 Nov 2013
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 226 (142,001)
Citation 1

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Framing, propaganda, stereotypes, argument, argument culture, discourse, fanatics, fanaticism, Reason, Jacques Ellul, language as weapon, ideology, power, abuse of power, memes, “The Other”, unreflectiveness, identity, identity group, politics, polarization, thematic frames, Tea Party, new normal

12.

A Trial Strategist’s Template: Lessons from Musashi’s Book of Five Rings and Sun Tzu’s Art of War

Cleveland-Marshall Legal Studies Paper No. 10-198
Number of pages: 34 Posted: 31 Oct 2010
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 224 (143,218)

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Trail advocacy, trial strategy, strategy, legal profession, Sun Tzu, The Art of War, Musashi, Book of Five Rings, courts, legal profession, legal strategy

13.

Ideology, Propaganda and Legal Discourse in the Argument Culture

Cleveland-Marshall Legal Studies Paper No. 07-141
Number of pages: 38 Posted: 27 Mar 2007
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 199 (160,207)

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Rule of Law, legal discourse, law as power, law and propaganda, law and ideology, legal truth, law and religion, Natural Law and Hobbes, law as fiction, law as noncumulative knowledge

14.

Gun Control Hysteria

Cleveland-Marshall Legal Studies Paper No. 295
Number of pages: 23 Posted: 10 Mar 2016
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 176 (179,013)

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gun control, anti-gun, regulation, gun regulation, self-defense, Second Amendment, District of Columbia v. Heller, McDonald v. City of Chicago, militia, defense of community, ISIS, al-Qaeda, threat risk, original intent, “living” Constitution, right to bear arms, Liberty, tyranny of the majority

15.

The 'Delicately Constituted Fiction' of the Rule of Law

Cleveland-Marshall Legal Studies Paper No. 07-140
Number of pages: 32 Posted: 27 Mar 2007
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 170 (184,476)

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Rule of Law, legal discourse, law as power, law and propaganda, law and ideology, legal truth, law and religion, Natural Law and Hobbes, law as fiction, law as noncumulative knowledge

16.

Operational Versus Rhetorical Sustainability: Conflicting Goals, Values and Functions

Cleveland-Marshall Legal Studies Paper No. 05-113
Number of pages: 67 Posted: 08 Jul 2005
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 166 (188,253)

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Sustainable development, environment

17.

Children of a Lesser God: Lawyers, Economics, and the Systemic Corruption of the Legal Profession

Cleveland-Marshall Legal Studies Paper No. 09-174
Number of pages: 52 Posted: 10 Apr 2009 Last Revised: 21 Jul 2009
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 162 (192,174)

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Lawyer's ethics, legal ethics, degraded ethics, corruption, corruption of legal profession, solo law practice, large law firms, corporate law firms, data on legal profession, lawyers' earnings, regulation of lawyers, overbilling, churning, legal ethics as con game, too many lawyers, law schools

18.

Political Economy, Capitalism and the Rule of Law

Cleveland-Marshall Legal Studies Paper No. 292
Number of pages: 36 Posted: 17 Jan 2016
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 153 (201,829)
Citation 3

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Austrian School economics, Rule of Law, Weber, Hayek, rules and institutions, power, Kondratiev Waves, crony capitalism, role of government, relationship between economic forms and the Rule of Law, public and private institutions, legal rules, customary rules and institutional scale

19.

The Moral Lawyer and the Machiavellian Nature of Law Practice

Cleveland-Marshall Legal Studies Paper No. 15-288
Number of pages: 19 Posted: 30 Sep 2015
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 153 (201,829)

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lawyers, legal profession, Machiavellianism, ethics, professionalism, legal strategy, advocacy, legal education, lawyer role

20.

A Tale of Two Women: The Vilification of Brigitte Bardot and Oriana Fallaci

Cleveland-Marshall Legal Studies Paper No. 05-116
Number of pages: 75 Posted: 03 Oct 2005
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 153 (201,829)

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Freedom of speech, suppression of dissent

21.

Old Revolutionaries, New Dictators: The Politicization of Scholarship in the Modern Law School

Cleveland-Marshall Legal Studies Paper No. 05-102
Number of pages: 36 Posted: 14 Mar 2005
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 142 (214,522)

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Legal scholarship, legal philosophy, ethics

22.

Truth or Consequences in Legal Scholarship?

Cleveland-Marshall Legal Studies Paper No. 05-103
Number of pages: 27 Posted: 14 Mar 2005
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 132 (227,358)
Citation 1

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Legal philosophy, truth, integrity

23.

A Chilling of Discourse

Cleveland-Marshall Legal Studies Paper No. 05-101
Number of pages: 54 Posted: 14 Mar 2005
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 127 (234,210)
Citation 1

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scholarship, teaching, philosophy, ethics

24.

Propertization, Contract, Competition, and Communication: Law's Struggle to Adapt to the Transformative Powers of the Internet

Cleveland State Law Review, Vol. 54, 2006, Cleveland-Marshall Legal Studies Paper No. 06-126
Number of pages: 22 Posted: 05 Jun 2006
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 125 (237,034)

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Intellectual property, Propertization, Internet

25.

Golem, 'Gollum', Gone: The Lost Honor of the Legal Profession

Cleveland-Marshall Legal Studies Paper No. 11-203
Number of pages: 38 Posted: 10 Jan 2011
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 110 (260,060)
Citation 1

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legal profession, lawyers, loss of professionalism, private practice, law firms, noble profession, dishonorable profession, client loyalty, legal ethics, advocate, overbilling of legal fees, churning, fee abuse, clients as commodities, avarice, reforming lawyer regulation

26.

'Something Wicked This Way Comes': Political Correctness and the Reincarnation of Chairman Mao

Cleveland-Marshall Legal Studies Paper No. 291
Number of pages: 39 Posted: 17 Jan 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 109 (261,724)

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Speech suppression, political correctness, power, Mao Tse Tung, Red Guards, Liberalism, propaganda, Internet as a weapon to intimidate, “new pluralism”, hyper-sensitivity, safe spaces, micro-aggressions, fanaticism, single-cause interest groups

27.

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

Cleveland-Marshall Legal Studies Paper No. 12-248
Number of pages: 39 Posted: 19 Dec 2012
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 91 (295,346)

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legal ethics, legal profession, real ethics, false ethics, lawyers as liars, values of advocate, lawyer's Faustian bargain, lawyers as Machiavellians, greed, client abuse, Technological Society and Propaganda, lawyer as manipulator, corrupt social values, institutional power v. individual ethics

28.

Survival Strategies for 'Ordinary' Law Schools

Cleveland-Marshall Legal Studies Paper No. 14-265
Number of pages: 13 Posted: 07 Feb 2014
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 88 (301,599)
Citation 1

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legal education, law school decline, law school strategies, bar examination, ABA accreditation, nationalizing the right to practice law, on-line legal education, law school consortia, elite law schools, ordinary law schools, flagship law schools, decline in law school applicants, tenure

29.

Abandoning an 'Unethical' System of Legal Ethics

Michigan State Law Review, Vol. 1, 2012, Cleveland-Marshall Legal Studies Paper No. 11-232
Number of pages: 51 Posted: 09 Nov 2011 Last Revised: 13 Dec 2011
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 74 (334,352)
Citation 1

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Legal ethics, abandoning legal ethics, regulation of lawyers, economics of law practice, lawyer accountability, clients as commodities, access to legal services, costs of lawyers, betrayed clients, negligent lawyers, bankrupt system of legal ethics, common examples of ethical violations

30.

Assimilation Anxiety

Cleveland-Marshall Legal Studies Paper No. 13-256
Number of pages: 27 Posted: 31 Jul 2013
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 73 (336,934)

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immigration, law and society, Islamic immigration, intolerance, Jihad, Islamists, political Islam, cultural preservation, UK immigration, terrorists, terrorism, Fifth Columns in Europe, multiculturalism, diversity, failure of multiculturalism, radicalization of youth, refusal to assimilate, Ummah

31.

Language Control, 'Hyper-Sensitivity' and the Death of True Liberalism

Cleveland-Marshall Legal Studies Paper No. 293
Number of pages: 12 Posted: 17 Jan 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 72 (339,504)

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hyper-sensitivity, language control, idea of the university, appropriation of cultural identity, insensitivity, university mission, Rule of Law, defending the Rule of Law, freedom of speech, political discourse, factions

32.

What Causes Laws to Succeed or Fail?

Cleveland-Marshall Legal Studies Paper No. 297
Number of pages: 18 Posted: 10 Mar 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 67 (353,147)

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sabotage of laws and regulations, sustainable development, the myth of sustainable development, effective implementation of laws and regulations, underfunding of essential monitoring and enforcement, why laws fail, why laws succeed, bureaucracy and legal sabotage, corruption and enforcement

33.

'Fire Away': I Have No Right to Not Be Insulted

Cleveland-Marshall Legal Studies Paper No. 290
Number of pages: 21 Posted: 17 Jan 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 63 (364,588)

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Free speech, speech repression, First Amendment, framing, political balkanization, university speech codes, linguistic control, racism, insensitivity, bigotry, FIRE, Foundation for Individual Rights in Education, language control, giving offense, feigned offense, role of scholars

34.

Self-Interest and Sinecure: Why Law School Can't Be 'Fixed' from Within

Cleveland-Marshall Legal Studies Paper No. 14-261
Number of pages: 20 Posted: 11 Jan 2014
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 61 (370,608)

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legal profession, lawyers, law school enrollments, skills, skills education, incubators, legal education, fixing legal education, “practice ready” lawyers, tenure, law faculty sinecure, law faculty self-interest, information technology and law practice, declining law schools, law professors

35.

'Linguistic Cleansing': Strategies for Redesigning Human Perception and Behavior

Cleveland-Marshall Legal Studies Paper No. 13-258
Number of pages: 36 Posted: 25 Nov 2013
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 52 (399,555)

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James Madison, factions, cures for factions, destruction of liberty, privatization of speech control, intimidation of speech, insensitivity, insult, hate speech, hate crimes, social engineering, linguistic cleansing, identity groups, power, rational discourse, democracy, language taboos

36.

ADR and Independent Dispute Evaluation

Cleveland-Marshall Legal Studies Paper No. 11-208
Number of pages: 43 Posted: 15 Jun 2011
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 44 (428,524)

Abstract:

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37.

The Decay of the 'Myth' of the American Rule of Law

Hypocrisy & Myth: The Hidden Order of the Rule of Law, 2019
Number of pages: 11 Posted: 20 Jan 2019
David Barnhizer and Daniel D. Barnhizer
Cleveland-Marshall College of Law, Cleveland State University and Michigan State University College of Law
Downloads 41 (440,261)

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“Rule of Law”, Jurisprudence, Philosophy, Classical Liberalism, “Tragedy of the Commons”, NIMBY, “National Debt”, Alinsky, “Western Culture”

38.

A Quartet of Essays on Scholarship

Cleveland-Marshall Legal Studies Paper No. 15-287
Number of pages: 30 Posted: 30 Sep 2015
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 39 (448,649)

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legal scholarship, scholarship, university ideal, law and power, activist scholarship, pursuit of knowledge, roles of scholars

39.

The Limits of Cultural Elasticity: Assessing the Velocity, Scale, Volume, Intensity and 'Creedal Congruence' of Immigrants in Setting a Nation's Policy

Cleveland-Marshall Legal Studies Paper No. 296
Number of pages: 31 Posted: 10 Mar 2016
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University
Downloads 29 (494,396)

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immigration, illegal immigration, migrants, refugees, economic migrants, Islamophobia, culture wars, Western democratic values, America’s creed, duty to assimilate, problem of fundamentalist Islam, liberal democracy, “cultural” democracy, antagonistic collectivism, creedal identity

40.

Ordered Conflict as an Essential Element of a Free and Diverse Society: The Implications for the Law School Curriculum

W.G. Hart 2001 Legal Workshop
Posted: 30 May 2001
David Barnhizer
Cleveland-Marshall College of Law, Cleveland State University

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