Stephen M. Sheppard
兼职教授
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基本情况:
Stephen Michael Sheppard became the Dean of the St. Mary’s University School of Law in 2014. He has helped refocus legal education to make every student successful and prepared for a professional life that values justice. A trial and appellate lawyer who has represented both plaintiffs and defendants, a legal historian whose works have been relied on by the courts, a lexicographer and author of a new edition of a classic law dictionary, and a legal philosopher whose works are studied in many countries, Sheppard lives in San Antonio with his wife, Christine, and two of their three children.
Since Sheppard’s arrival in 2014, he has worked with the law school’s faculty, alumni, staff and students; with the university and its colleges; and with the legal, educational, civic, corporate and military institutions of
Integrating the Catholic and Marianist mission of the university with the traditions of a rigorous liberal arts education and a professional commitment to skills in the law, Sheppard has helped St. Mary’s Law shift from merely teaching law students to engaging in the formation of each of our students as a skilled and values-driven lawyer.
As an attorney, Sheppard has consulted for many law firms, corporations and government agencies, particularly in international law, environmental law, appellate litigation, trial work in law and in equity, technology transfer and licensing, regulatory compliance and oversight, and constitutional law. He was an associate with Phelps Dunbar LLP in
Though active in other fields of scholarship, Sheppard is a legal historian, with a focus on the development of the common law and of legal institutions, particularly legal education in the
He was elected a fellow of the Royal Historical Society especially for his work on early modern English law, including his three-volume anthology,The Selected Writings of Sir Edward Coke. He is also a member of the Selden Society and a member of the editorial board of the Oxford University Press edition ofBlackstone’s Commentaries.
His work in the law has been widely cited by courts including the Utah Supreme Court, (in State v. Reyes, 116 P.3d 305 (2005)) which changed the burden of proof for felonies in Utah citing Sheppard's law review article,The Metamorphoses of Reasonable Doubt: How Changes in the Burden of Proof Have Weakened the Presumption of Innocence, as its only academic authority.
He wrote a new edition of the great American legal dictionary by John Bouvier,The Wolters Kluwer Bouvier Law Dictionary.
An active scholarly editor, he has prepared new editions of several classic law books, including the massiveOpera Omniaof John Selden and the contemporary classics,Bramble Bushby Karl Llewellyn andIntroduction to the Legal System of the United Statesby E. Allan Farnsworth. He has written numerous articles in the history of legal education and law schools, edited the two-volumeHistory of Legal Education in the United Statesand is writingThe American Law Schoolunder contract for Cambridge University Press.
Sheppard completed his doctorate in the philosophy of law at
Sheppard received a B.A. from the
Sheppard was a reservist in the United States Coast Guard, enlisting in 1984; serving as deck gunner, boarding officer, vessels inspector, facilities inspector, and special interest vessel inspector, first as sailor and Boatswain’s Mate and then as an officer. He is an Eagle Scout and active Scouter.
研究方向:
研究成果:
Books
· The
· The Wolters-Kluwer Bouvier Law Dictionary (Steve Sheppard, General Editor) (2011-12). A new edition of the classic law dictionary of John Bouvier, with over 8,000 entries for over 10,000 terms, all of which are newly written, incorporating over 40,000 common-placed quotations. The Desk Edition (3,300 pp.); Compact Edition (1240 pp.); Quick Reference (800 pp.); App., and E-books.
· E. Allan Farnsworth, An Introduction to the Legal System of the
· I Do Solemnly Swear: The Moral Obligation of Legal Officials (
· Karl Llewellyn, The Bramble Bush: The Classic Lectures on
· George P. Fletcher & Steve Sheppard, American Law In a Global Context: The Basics A (
· George P. Fletcher & Steve Sheppard, A Guide for Teachers: American La w in a Global Context: The Basics (
· The Selected Writing of Sir Edward Coke (Steve Sheppard, editor) (Three volumes) (Liberty Fund, 2003) (revised edition, 2005). This is the first modern anthology of one of the architects of the modern common law. Drawn from Coke’s Reports, judicial opinions, Institutes, minor treatises, and speeches in Commons, it includes extensive introductory, chronological, and scholarly matter by the editor. Reviewed in Charles M. Gray, Two Contributions to Coke Studies, 72
· The History of Legal Education in the
Series
· Series Editor, The
· Series Editor, Model Problems and Outstanding Answers (
Articles in Periodical
· The U.S. Lawyer in the Twenty-First Century: The Report for the United States on the Organization of the Legal Profession, American Journal of Comparative Law, Supplemental Volume (2014) (The Report was presented at the Congress of Comparative Law, Vienna, July 2014).
· Legal Jambalaya: A Commentary on Hohn
· The Self-Fulfulling Prophecy of Law School Crisis, a book review of Brian Z. Tamanaha, Failing Law Schools, on H-Law [www.h-net.org/~law/]. A methodical examination of a recent criticism of
· Abraham Fraunces, Legal Analysis, and Legal Scholarship in Abraham Fraunce, Lawyer’s logike (1588) (Lawbook Exchange, 2013). A biographical study of the lawyer to publish the first study of legal analysis in English, with an introduction to its Ramist scholasticism that foreshadowed modern deductive reasoning.
· Academic Freedom: A Prologue: 64
· Caperton, Due Process, and Judicial Duty: Recusal Oversight in Patrons’ Cases, 64
· What Oaths Meant to the Framers’ Generation: A Preliminary Sketch, 2009 Cardozo L. Rev. de novo 273. A consideration of cultural, personal, and legal expectations by an oath-taker in early federal
· Sahib’s Courts and Babu’s Laws: An Introduction to Cowell’s Short Treatise on Hindu Law
in Herbert Cowell, Short Treatise on Hindu Law (Lawbook Exchange, 2009). A biographical and critical introduction to a classic text of Anglo-Hindu law.
· Teach Justice, 43 Harvard Civil Rights-Civil Liberties Law Review 599 (2008). A contribution to the journal’s symposium on radical proposals for legal education, arguing for the teaching of practical tools of analysis that place a value on justice.
· Intelligence, Law and Democracy: A Hartman Hotz Symposium, 60
· The Works of John Selden: An Introduction for the American Reader in John Selden, Opera Omnia (Lawbook Exchange 2008). A biographical and critical essay on the life and works of John Selden, prefacing the only edition of his collected works.
· Law, God, Custom, and Duties in Sir William Jones’s Ordinances of Menu: An Introduction for the American Reader in William Jones, Ordinances of Menu (Lawbook Exchange 2007). A biographical essay and comparative exercise in an essential text in native law developed as part of the colonial legal hybrid of
· Legal Scholarship and the Courts in the
· Disciplinary Evolution and Scholarship Expansion: Legal History in the
· Officials’ Obligations to Children: The perfectionist Response to Libertarians, Conservatives, and Liberals, or When Adult Rights are Not Trumps, 2005 Michigan State Law Review 809 (2005). This symposium article explores arguments over the welfare of the child, focusing on home schooling, and proposes using legal perfectionism to improve arguments over the standards for such regulation. Reprinted as The State Obligation to Children, in The Rights of Children (Lahore 2008).
· The Law of War in the Pre-Dawn Light: Institutions and Obligations in Thucydides’ Peloponnesian War, 43
· The Ghost in the Law School: How Duncan Kennedy Caught the Hierarchy Zeitgeist but missed the Point, 55 Journal of Legal Education 94 (2005). A contribution to the 25th anniversary of the publication of Duncan Kennedy’s 1983 polemic, Legal Education and the Reproduction of Hierarchy, arguing that the law requires hierarchies to protect social values, including freedom and equality.
· Guerrilla Parties, The Lieber Code, and the Law of War, in Francis Lieber, Instructions for the Government of Armies of the United States (Lawbook Exchange, 2005). This essay introduces the life of Francis Lieber and the history of the formative document for the modern law of war.
· The Metamorphoses of Reasonable Doubt: How Changes in the Burden of Proof May weaken the Presumption of Innocence. 78 Notre Dame Law Review 1165 (2003). This article applies tools developed in The Moral Obligation of Legal Officials and historical analysis to argue that the current understanding of reasonable doubt is both altered by changes in culture and a diminished protection of the defendant from its original understanding. The Supreme Court of Utah quoted this article as authority when changing jury instructions for the burden of proof in that state.
· Passion and Nation: War, Crime, and Guilt in the individual and Collective, 78 Notre Dame Law Review 761 (2003). A consideration of George Fletcher’s theory of Romanticism and war, deriving arguments on the limits of the laws of war to apply to military actions against terrorism, with particular scrutiny of the nature of collective guilt and the nature of non-state enemies in war.
· Paul Dudley: Heritage, Observation, and Conscience, 5
· The Perfectionism of John Rawls, 11 The Canadian Journal of Law and Jurisprudence 383 (1998). This 20,000-word, peer-reviewed article presents the first synthesis of John Rawls’s development of a theory of perfectionism, which Rawls describes throughout his writings. Drawing upon the work of Rawls’s interpreters, the article suggests that Rawls’s theory of justice is a form of Rawls’s theory of perfectionism.
· Freedom to and Freedom From: A Response to Garvey and Arm a cost with a Tinge of Legal Perfectionism, 47 Drake Law Review 65 (1998). This symposium essay considers the sources and content of the morality of rights and the moral duty of lawmakers to maintain certain standards when framing laws, in a solicited response to articles by John Garvey and Barbara Armacost. Among other moves in the article, it locates John Garvey’s theory of rights on a scale with Randy Barnett’s and Lloyd Weinreb’s.
· Casebooks, Commentaries and Curmudgeons: An Introductory History of Law in the Lecture Hall, 78
· An informal History of How Law Schools Evaluate Students, with a Predictable Emphasis on Law School Exams, 26 UMKC Law Review 657-776 (1997). This symposium article studies the history of student evaluation, the advent of the written graduation and then course examination and the evolution of questions. An appendix reprints examinations from over a century.
· The State Interest in the Good Citizen: Constitutional Balance Between the Citizen and the
· Another Such Victory? Term Limits, Section 2 of the Fourteenth Amendments, ans the Right to Representation (with Mark Killenbeck), 45
· UNESCO ENCYCLOPEDIA OF LIFE SUPPORT SYSTEMS. These major articles (topic articles are to be 15,000 words; subject articles are to be 10,000 words in length) are original scholarly critical essays commissioned for the United Nations Educational, Scientific, and Cultural Organization, as the primary educational vehicle for “the achievement of global security through sustainable development.” Information on the project as a whole may be found athttp://www.eolss.net/,
· Ethics, and Justice (Topic Article
· The Rule of Law (Subject Article
· Equity and the Law (Subject Article
· Philosophy of the Common Law (Subject Article
· Perspectives on Ethics and Justice (Subject Article
Shorter Work in Collection
· The Jury is Dismissed, in the Library of Liberty, www.libertylawsite.org/2013/04/10/the-jury-is-dismissed
· Legal Education in the
· Encyclopedia of American Political Legal History (
· Due Process of Law
· Virginia Statute of Religious Freedom
· Christopher C. Langdell
· 8 Hand- Holding Tips if Your Child Gets in Trouble With The Law, Forbes.com June 22, 2012forbes.com (last visited Aug. 9, 2012).
· Legal Lingo You Should Know Before Saying, ‘I Do’ Forbes.com May 21, 2012 forbes.com (last visited Aug. 9, 2012).
· 6 Legal Words That Can Boost or Bust Your Budget, Forbes.com, May 2, 2012 forbes.com (last visited Aug. 9, 2012).
· Some Randomly Selected Entries from the New Edition of The Bouvier Law Dictionary, 2011
· Books for Lawyers f ro m 2010: A Very Subjective View of the Scribes Prize Nominees, A 2011 Arkansas Law Notes. This note reviews law books published in
· Cheney is Wrong: There is Precedent for the Torture Investigation,Findlaw.com Commentary, Sept. 2, 2009, at writ.news.findlaw.com
· Sharon Keller, Tory Davis, and the Duty of a Death Case Judge, Findlaw.com Commentary, August 24 at writ.news.findlaw.com
· Supreme Court Finds No Right to Post-Conviction DNA Tests, Findlaw.com Commentary, July 8, 2009, at /writ.news.findlaw.com
· Supreme Court Bans Judge Buying, Findlaw.com Commentary, June 29, 2009, atwrit.news.findlaw.com
· Books for Lawyers from 2007: A Very Subjective View of the Scribes Book-Award Nominees, 2008
· The Encyclopedia of Libertarianism (Cato Institute, 2008)
· Sir Edward Coke
· Albert Venn Dicey
· Books for Lawyers from 2006: A Very Subjective View of the Scribes Book-Award Nominees, 2008
· Book Review, (Neil Duxbury Frederick Pollock and the English Juristic Tradition (
· Birth Pain of the Living Constitution (Review of Bruce Ackerman, The Failure of the Founding Fathers: Jefferson,
· Method, Art, and Authority: An Introduction to
· Presidential Signing Statements: How to Find Them, How to use them, and What They Might Mean, 2006 Arkansas Law Notes. This note introduces lawyers to the presidential signing statement, demonstrates how to locate them, and explains uses that are likely to be valid and others that are not.
· Books for Lawyers from 2005: A Very Subjective View of the Scribes Book-Award Nominees, 2006
· Intelligible, Honest, and Impartial Democracy: Making Laws at the
· First Priority? The Neglect of Rural Development by Federal Agencies, and How
· Arkansas 1, Texas 0: Sodomy Law reform and the Arkansas Law, 2003 Arkansas Law Notes. This note considers recent state and federal cases overturning some aspects of the statutes forbidding sodomy, and examines the implications for the remaining arenas of potential enforcement of such laws.
· Introduction to the 1826 edition, in The Reports of Sir Edward Coke. (Lawbook Exchange, 2002). A 4,000-word forward to the re-published, authoritative 1826 edition of the thirteen-part Reports.
· The Dictionary of American History (Stanley Kutler, ed., Scribner’s & Sons, 2002). These commissioned articles appear in the premiere reference work of American History.
· Civil Rights Act of 1957
· Due Process of Law
· Enron Scandal
· Ex Parte McCardle
· Legal Profession
· Law of War
· Marbury v.
· Martin v. Mott
· Neutrality
· Neutral Rights
· Police Power
· Regulators
· Right of Petition
·
· The Unpublished Opinion Opinion: How Richard Arnold’s Anastasoff Opinion is Saving America’s Courts from Themselves, 2002 Arkansas Law Notes. This note considers the dispute raised by recent cases on the use of unpublished appellate opinions, arguing that the fundamental principles of the common law require their allowance.
· Encyclopedia of Land Warfare (
· The Law of War
· Nuremburg Doctrine
· Field Order 100
·
· Annotated Glossary in Roscoe Pound, The Ideal Element in La w (
· Encyclopedia of the Great Depression and the New Deal (James Ciment, ed.,) (M.E.Sharpe, 2001). Signed articles of 2,000 to 6,000 words each, emphasizing the legal and cultural influence of the subjects.
· The Supreme Court
· Franklin Roosevelt
· The Second New Deal
· Makers of Western Culture, 1800-1914: A Biographical Dictionary of Literary Influences (Derek Blakeley and John Powell, editors) (Greenwood Press, 2001). Two signed articles with an emphasis on archival resources available to the modern researcher.
· James Mill
· David Ricardo
· Lives of Not-Quite Saints, Book Review of Harold M. Hyman, Craftsmanship and Character: A History of the Vinson & Elkins Law Firm of
· The Role of the Law Professor in the
· Legal Education in the Magill Legal Guide (Timothy Hall, editor) (Salem Press, 1999). A signed article considering the history and missions of legal education in the
· The Canon and the Current in the Jurisprudence Course, The Law Teacher 5 (October, 1996). Remarks at the 1995 AALS Workshop on Jurisprudence, the article presents both a rationale for a general jurisprudence survey based on a preparation for the practice of law and an innovative methodology for instructing such a course.
· Other published writings include the prefaces of five volumes of religious meditations by the Reverend Bill Sykes, the chaplain of University College, Oxford, as well as over fifty classical music reviews in The Clarion Ledger, the Gannet-owned state-wide daily newspaper of record in Mississippi.