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U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson Aug 2008

U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.


U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson Jul 2008

U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column continues a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. In addition to discussing the elements of effective legal writing, the justices talked about their own writing processes.


U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson Jun 2008

U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column begins a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. This first part explores the two aspects of good legal writing that were the most often mentioned by the justices during their interviews: clarity and conciseness.


Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson Jan 2008

Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …


Unifying Disparate Treatment (Really), Martin J. Katz Jan 2008

Unifying Disparate Treatment (Really), Martin J. Katz

Sturm College of Law: Faculty Scholarship

The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.


Beyond A Conceivable Doubt: The Quest For A Fair And Constitutional Standard Of Proof In Death Penalty Cases, Robert M. Hardaway Jan 2008

Beyond A Conceivable Doubt: The Quest For A Fair And Constitutional Standard Of Proof In Death Penalty Cases, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

The death penalty remains the most contentious issue in criminal law jurisprudence, and continues to be challenged on both constitutional and moral grounds. What is most remarkable about American death penalty jurisprudence is that it has traditionally focused on purely technical and procedural aspects of the imposition of the death penalty, despite the fact that the most vulnerable plank in the arsenal of death penalty defenders is evidence that innocent people have been, and will continue to be, executed. Perhaps no legal principle is more difficult to explain to the layman or first-year law student than that of all the …


Aid For Trade: A Roadmap For Success, Phoenix X.F. Cai Jan 2008

Aid For Trade: A Roadmap For Success, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

Aid for trade has tremendous potential. It is an area that merits all the attention it has recently receiving from the leadership of the WTO. Opportunities abound in the shaping of aid for trade to benefit many constituencies, including the WTO, developing nations, donors, and the aid and trade legal communities. The international trading system has much to gain from the effective use of aid for trade as a tool for fulfilling the promise of the Doha Development Agenda, alleviating global poverty, and giving developing nations a well-deserved placed at the table in the global trade regime. However, each group …