Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Writing and Research

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 4553

Full-Text Articles in Law

A Bibliography Of Faculty Scholarship, Law Library Oct 2019

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining Sep 2019

The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining

Pace Law Review

This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits ...


Stylish Legal Citation, Alexa Z. Chew Aug 2019

Stylish Legal Citation, Alexa Z. Chew

Arkansas Law Review

Can legal citations be stylish? Is that even a thing? Yes, and this Article explains why and how. The usual approach to writing citations is as a separate, inferior part of the writing process, a perfunctory task that satisfies a convention but is not worth the attention that stylish writers spend on the “real” words in their documents. This Article argues that the usual approach is wrong. Instead, legal writers should strive to write stylish legal citations—citations that are fully integrated with the prose to convey information in a readable way to a legal audience.


Securities Law Research, Adeen Postar Aug 2019

Securities Law Research, Adeen Postar

Adeen Postar

This research guide provides an overview of resources and search strategies for researching Securities Law: primary and secondary materials, specialized databases, and government websites. It also identifies sources for researching case law.


Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar Aug 2019

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

Adeen Postar

No abstract provided.


The Rhetoric Of Constitutional Law, Erwin Chemerinsky Aug 2019

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Erwin Chemerinsky

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric ...


Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton Aug 2019

Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton

St. Mary's Journal on Legal Malpractice & Ethics

The author’s chapters in the 2018 professional responsibility hornbook, Legal Ethics, Professional Responsibility, and the Legal Profession, discuss the new data available to help law faculties and students understand the competencies that clients and legal employers want. The foundation for many of these competencies—like ownership over continuous professional development and the relational competencies with clients and teams—is the student’s professional identity or moral core. But students need help to understand these connections.

We have seen some very useful new data over the last few months that will help build bridges among the three major stakeholders in ...


The State Of Texas Concurrent Resolution 19r474, José Menéndez, Four Price Aug 2019

The State Of Texas Concurrent Resolution 19r474, José Menéndez, Four Price

St. Mary's Law Journal

Joint legislative resolution recognizing the St. Mary's Law Journal 50th anniversary in 2019.


Blogs And The Legal Academy, Orin S. Kerr Jul 2019

Blogs And The Legal Academy, Orin S. Kerr

Orin Kerr

This paper's focus is on today’s technology and ask whether blogs as we know them today are conducive to advancing scholarship. This paper's conclusion is that relative to other forms of communication, blogs do not provide a particularly good platform for advancing serious legal scholarship. The blog format focuses reader attention on recent thoughts rather than deep ones. The tyranny of reverse chronological order limits the scholarly usefulness of blogs by leading the reader to the latest instead of the best.

This doesn’t mean that blogs can’t advance scholarship. The impact of any blog depends ...


Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus Jul 2019

Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus

Caroline L. Osborne

What is fake news? How did it arise? Why does recognizing fake news matter? How do we create information literate consumers in the legal community? This program will discuss the intersection of fake news and information literacy theory. We’ll provide an overview of the rise and proliferation of fake news including highlights of historical instances; a discussion of the impact of failing to detect fake news; and strategies for creating successful information literacy programming.


Maximizing Your Faculty's Scholarly Impact: Techniques To Increase Findability, Carol A. Watson, Thomas J. Striepe, Caroline Osborne Jul 2019

Maximizing Your Faculty's Scholarly Impact: Techniques To Increase Findability, Carol A. Watson, Thomas J. Striepe, Caroline Osborne

Presentations

Increasing the impact of faculty scholarship is consistently a top priority at law schools. Law librarians are uniquely positioned to offer a significant amount of assistance to faculty and law administration in achieving this goal and enhancing the reputation of the law school. Understanding the differences between the tools and techniques available to assist on this topic can be a complex endeavor. This program focused on providing the best strategies to increase the impact of faculty scholarship. Speakers discussed the various social media platforms available to upload scholarship, as well as how to increase findability in search results and take ...


Leading, Energizing, And Developing Staff Through Times Of Change, Carol A. Watson, June Liebert, Jane Sánchez, Austin Martin Williams Jul 2019

Leading, Energizing, And Developing Staff Through Times Of Change, Carol A. Watson, June Liebert, Jane Sánchez, Austin Martin Williams

Presentations

The nature of library work is changing. New technology, user preferences, tighter budgets, and new expectations have meant that libraries have altered and adapted the way they provide resources and services. While these changes have brought many benefits to library users, innovations in how libraries provide resources and services often have long-term implications on the skills needed from librarians and staff. Now more than ever, it's important to communicate to staff about the future of their work and their roles in the library, and to provide them with the development and training they need to transition into new roles ...


Better With Science: Strengthening Patron Learning, Heather Simmons, Alyson Drake, Joseph Lawson Jul 2019

Better With Science: Strengthening Patron Learning, Heather Simmons, Alyson Drake, Joseph Lawson

Presentations

A baseline understanding of cognitive theory and educational psychology concepts is critical to successful student learning. With librarians in all settings providing more teaching and training than ever, designing educational experiences with these concepts in mind will result in greater retention and understanding for their patrons. This program will discuss five important ideas from cognitive learning science and give examples of how librarians and other information professionals can incorporate those theories into their instructional offerings. Participants will then work in groups to brainstorm ways various theories can be applied as they design or restructure their own instructional programs.

Takeaways:

1 ...


Advocacy Before The Eleventh Circuit: A Clerk’S Perspective, Kevin Golembiewski, Jessica Arden Ettinger Jun 2019

Advocacy Before The Eleventh Circuit: A Clerk’S Perspective, Kevin Golembiewski, Jessica Arden Ettinger

University of Miami Law Review

Appellate attorneys must tailor their advocacy to the court hearing their appeal. Each court of appeals has different jurisprudence, rules, traditions, and decision-making processes. Yet there are few articles on appellate advocacy tailored to a particular court. We wrote this article to help fill that gap. As former law clerks for the United States Court of Appeals for the Eleventh Circuit, we offer advice specifically for attorneys who practice before the Eleventh Circuit. Our advice is based on our experiences as clerks, as well as our analysis of the Eleventh Circuit’s rules, procedures, and public statistics. We offer no ...


Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry Jun 2019

Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry

Pepperdine Law Review

No abstract provided.


Non-English Materials For The English Speaker : European Languages, Erin Gow Jun 2019

Non-English Materials For The English Speaker : European Languages, Erin Gow

Erin Gow

So many legal materials are in languages other than English worldwide, that it is inevitable that most of us will need to find or access one of these documents at some point. Foreign, comparative, and international law (FCIL) librarians often work with materials in languages in which they are not fluent, and can provide useful ideas and insight for the non-FCIL specialist faced with this type of research. This portion of a 2019 AALL webinar titled "Non-English Materials for the English Speaker" focuses on European languages, and provides practical guidance in finding English translations of European laws, tips and techniques ...


An Introduction To Legal Research, Anne Burnett, Stephen Wolfson Jun 2019

An Introduction To Legal Research, Anne Burnett, Stephen Wolfson

Presentations

As part of UGA Summer Academy Legal Camp two law librarians teamed up to give an introduction to legal research to high school students from across the country, including tips and strategies for using Google effectively.


A Time Lord, A Timeline And Legal Instruction, Rachel S. Evans, Sharon Bradley, Eleanor Lanier Jun 2019

A Time Lord, A Timeline And Legal Instruction, Rachel S. Evans, Sharon Bradley, Eleanor Lanier

Presentations

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. In this session librarians team up with an archivist and a clinician to bring history to life, engage students, and preserve the scholarly and institutional milestones. A variety of tools for creating digital timelines and gathering content will be shared including TikiToki, TimeToast, and Piktochart. Comparisons will be given based on cost, technical limitations, collaborative potential, and general ease of use. Potential applications for timelines will also be shared in the form of examples including:

  • a TimeToast embedded timeline tribute for individual faculty scholarship as ...


From Decoder Rings To Deep Fakes: Translating Complex Technologies For Legal Education, Jason Tubinis, Rachel S. Evans Jun 2019

From Decoder Rings To Deep Fakes: Translating Complex Technologies For Legal Education, Jason Tubinis, Rachel S. Evans

Presentations

Technological developments are disrupting the practice of law” is a common refrain, but the last few years has seen some particularly complex pieces of technology become the hot new thing in legal tech. This session will look at blockchain, quantum computing, artificial intelligence, and ‘Deep Fakes’ as examples of how instructors can stay abreast of technological developments and inform themselves about their impacts in the legal profession. Then we will look at how to translate the complexities and jargon of these examples into lessons for for-credit courses, one-off informational sessions, or meetings with stakeholders.

Learning outcomes:

  • Participants will be able ...


Non-English Materials For The English Speaker : European Languages, Erin Gow Jun 2019

Non-English Materials For The English Speaker : European Languages, Erin Gow

Faculty Scholarship

So many legal materials are in languages other than English worldwide, that it is inevitable that most of us will need to find or access one of these documents at some point. Foreign, comparative, and international law (FCIL) librarians often work with materials in languages in which they are not fluent, and can provide useful ideas and insight for the non-FCIL specialist faced with this type of research. This portion of a 2019 AALL webinar titled "Non-English Materials for the English Speaker" focuses on European languages, and provides practical guidance in finding English translations of European laws, tips and techniques ...


Using Technology To Teach The Flipped Classroom: A Presentation Of Various Tools, Techniques, And Tips, Duane R. Donahoe, Jessica Wherry, Shakira Pleasant, Kristen Murray Jun 2019

Using Technology To Teach The Flipped Classroom: A Presentation Of Various Tools, Techniques, And Tips, Duane R. Donahoe, Jessica Wherry, Shakira Pleasant, Kristen Murray

Shakira D. Pleasant

No abstract provided.


Why Legal Writing Is “Doctrinal” And More Importantly Profound, Harold Anthony Lloyd Jun 2019

Why Legal Writing Is “Doctrinal” And More Importantly Profound, Harold Anthony Lloyd

Nevada Law Journal

No abstract provided.


Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model For The 21st Century Legal Professional, Alyson Carrel Jun 2019

Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model For The 21st Century Legal Professional, Alyson Carrel

Georgia State University Law Review

The nature of legal services is drastically changing given the rise in the use of artificial intelligence and machine learning. Legal education and training models are beginning to recognize the need to incorporate skill building in data and technology platforms, but they have lost sight of a core competency for lawyers: problem-solving and decision-making skills to counsel clients on how best to meet their desired goals and needs. In 2014, Amani Smathers introduced the legal field to the concept of the T-shaped lawyer. The T-shaped lawyer stems from the concept of T-shaped professionals who have a depth of knowledge in ...


Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley Jun 2019

Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley

Georgia State University Law Review

This paper surveys three basic legal-text analytic techniques—ML, network diagrams, and question answering (QA)—and illustrates how some currently available commercial applications employ or combine them. It then examines how well the text analytic techniques can answer legal questions given some inherent limitations in the technology. In more detail, ML refers to computer programs that use statistical means to induce or learn models from data with which they can classify a document or predict an outcome for a new case. Predictive coding techniques employed in e-discovery have already introduced ML from text into law firms. Network diagrams graph the ...


Predicting Chapter 11 Bankruptcy Case Outcomes Using The Federal Judicial Center Idb And Ensemble Artificial Intelligence, Warren E. Agin, Gill Eapen Jun 2019

Predicting Chapter 11 Bankruptcy Case Outcomes Using The Federal Judicial Center Idb And Ensemble Artificial Intelligence, Warren E. Agin, Gill Eapen

Georgia State University Law Review

In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and included information about case filing dates, the court where the case was filed, the type of business entity, and basic information about assets and liabilities. Using this information, the authors initially sought to predict whether a particular case was dismissed, converted to another Chapter under the Bankruptcy Code, or closed ...


Automation & Predictive Analytics In Patent Prosecution: Uspto Implication & Policy, Tabrez Y. Ebrahim Jun 2019

Automation & Predictive Analytics In Patent Prosecution: Uspto Implication & Policy, Tabrez Y. Ebrahim

Georgia State University Law Review

Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information asymmetry between inventors and patent examiners is expanded by artificial intelligence, which transforms the inventor– examiner interaction to machine–human interactions. In response to automated patent drafting, automated office-action responses, “cloems” (computer-generated word permutations) for defensive patenting, and machine-learning guidance (based on constantly updated patent-prosecution big data), the United States Patent and Trademark Office (USPTO) should reevaluate patent-examination policy from economic, fairness, time, and transparency perspectives. By conceptualizing the inventor–examiner relationship as a “patenting market,” economic principles suggest stronger efficiencies if both inventors and the USPTO ...


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart May 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Alex Zhang

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart May 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Faculty Scholarship

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Dapp Legal Research Presentation 5-24-2019 Final.Pptx, Anne Hudson, Heather Hummons May 2019

Dapp Legal Research Presentation 5-24-2019 Final.Pptx, Anne Hudson, Heather Hummons

Anne Hudson

Living your best (Research) Life: How to Quickly and Efficiently Perform Legal Research. A Bootcamp for scholars from law schools across the country.


The Thinness Of Catholic Legal Education, A Review Of Robert J. Kaczorowski, Fordham University Law School: A History, John M. Breen, Lee J. Strang May 2019

The Thinness Of Catholic Legal Education, A Review Of Robert J. Kaczorowski, Fordham University Law School: A History, John M. Breen, Lee J. Strang

University of St. Thomas Law Journal

No abstract provided.