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Articles 1 - 10 of 10
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A New Bluebook, K.K. Duvivier
A New Bluebook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.
String Citations-Part Ii, K.K. Duvivier
String Citations-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
However, string citations can be useful in some situations. For example, you may wish to use a string citation if you need to illustrate that there is a trend of authorities or that more than one case or jurisdiction supports the proposition you urge. String citations also are helpful when readers expect a comprehensive treatment of authorities.
String Citations-Part I, K.K. Duvivier
String Citations-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Whenever you list more than one authority to support the same legal proposition, you are using a "string citation." The name arises from the impression that the writer is "stringing" together several citations. In a string citation, each authority follows the next in a proscribed order: (1) by strength of authority (primary before secondary, enacted law before case law); (2) by jurisdiction (federal before state, alphabetically among states); (3) by rank of court (highest to lowest court); and (4) by date (reverse chronological with most recent first).' Semi-colons are placed between each authority.
Legal Citations For The Twenty-First Century, K.K. Duvivier
Legal Citations For The Twenty-First Century, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
True, a judge probably won't rule against you if your cites are wrong, but faulty cites do reflect poorly on you.' First, like good manners, proper citations illustrate both your knowledge of the rules of etiquette for legal writing and your precision in following those rules. If your citations are sloppy, some readers may presume that your research and reasoning were done in a similarly uninformed and careless fashion.
Pesky Citations, K.K. Duvivier
Pesky Citations, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Constant citation to legal authorities presents a unique problem for legal writers. Although these authorities are necessary to the analysis, integrating them can interrupt the flow of the writing, or more significantly, can obscure the meaning. Law reviews have chosen to use footnotes to address this problem. But footnotes create their own form of vertical interruption,' and many courts discourage their use in briefs. This article addresses some of the difficulties created by these pesky citations and suggests some solutions for incorporating them more smoothly.
The Shape Of The Michigan River As Viewed From The Land Of Sweatt V. Painter And Hopwood: Comments On Lempert, Chambers, And Adam's Study Of The University Of Michigan Law School's Minority Graduates, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
The piece considers the Lempert, Chambers, Adams study of Michigan's law graduates of color from the vantage point of the history of The University of Texas's law school's history.
Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway
Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The study herein is divided into the following sections: Part II reviews the history of regulation and deregulation of the transportation industry in the United States and focuses on common denominators which the limousine industry shares with other sectors of the transportation industry, such as airlines, trucking, railroads, and taxicabs; Part II analyzes the history of economic regulation on the limousine industry and evaluates its competitive characteristics; Part IV collects the available data about the limousine industry and creates an economic model which can be used to plot the effects of regulation; Part V analyzes the various rationales which have …
Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier
Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Ballot initiatives are generally seen as a local phenomenon, and consequently have rarely been examined from an international perspective. Thus, the subcategory of international environmental initiatives is small. However, in the last thirty years, the use of ballot initiatives has increased in the United States. 17 With the expanding globalization of society, more and more ballot initiatives may have an impact on international environmental issues. Some of these international environmental ballot initiatives will pass and may become enforceable laws. Others may be invalidated if they are preempted, either by federal laws or by the federal government's control over the field …
Details, Details: Questions From Readers, K.K. Duvivier
Details, Details: Questions From Readers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Readers frequently send me questions about word usage. The Bluebook states that one should consult the US. Government Printing Office Style Manual (1984) or The Chicago Manual of Style (13th rev. ed. 1982) for questions on usage, but these sources do not always address the confusion writers encounter. One of my favorite sources for quick answers on these questions is a dictionary-style reference called Legal Writing: Getting It Right and Getting It Written.
No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel
No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel
Sturm College of Law: Faculty Scholarship
For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that …