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Legal Writing and Research

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1998

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Full-Text Articles in Law

Recent Books, Michigan Law Review Nov 1998

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.


Abstracting The Record, Terry Crabtree Oct 1998

Abstracting The Record, Terry Crabtree

University of Arkansas at Little Rock Law Review

No abstract provided.


Preface, Philip Girard Oct 1998

Preface, Philip Girard

Dalhousie Law Journal

The foreword to the first issue of the Dalhousie Law Journal (September 1973) stated that the editors commenced the enterprise "without lofty pretensions." If the newjournal' s existence served "to encourage creative research and writing among law teachers, among students, and generally among the legal profession and related disciplines, that may be justification." The editors nonetheless concluded with a lofty enough mission statement: "we shall be endeavouring to produce a stimulating journal exemplifying those qualities that most people would characterize as scholarly, among them thoroughness, precision of thought, independence of judgment." The Editorial Board believes that the Journal has fulfilled …


A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser Oct 1998

A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser

Dalhousie Law Journal

In this paper, the authors describe and assess their experience with the use of WebCT (a computer program that facilitates the creation and management of courses using the Internet) in the Dalhousie Legal Research and Writing Program. They explain what WebCT is, why they decided to use it, and how they used it. They assess its inaugural use and conclude that, despite some difficulties, the pilot project was a success and WebCT can be a useful tool for other teachers of legal research and writing.


Books Received, Michigan Law Review Oct 1998

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.


Recent Books, Michigan Law Review Aug 1998

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.


Recent Books, Michigan Law Review Jun 1998

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.


Legal Writing: Its Nature, Limits, And Dangers, Douglas Litowitz May 1998

Legal Writing: Its Nature, Limits, And Dangers, Douglas Litowitz

Mercer Law Review

Lawyers have a unique and highly technical manner of writing, one that differs significantly from standard English. Legal education involves an indoctrination into this new discourse, a process that ends when one awakens to find oneself writing in a manner that once seemed impossibly obscure. Of course, the mastery of legal language reflects a paradigm shift in thought, sometimes called "learning to think like a lawyer" or "seeing things from a legal perspective." The conceptual scheme and language of the law are so different from the ordinary way of thinking that Lord Coke was perhaps correct when he characterized the …


The Book Review Issue: An Owner's Guide, Carl E. Schneider May 1998

The Book Review Issue: An Owner's Guide, Carl E. Schneider

Michigan Law Review

Law reviews have short memories. Other institutions count on long-term managers and well-kept files to preserve the experience of the past. But there is no remembrance of things past in an institution whose officers serve - fileless and frantic - for a single year. I want to use the opportunity this volume's editors have kindly given me to contribute to the Michigan Law Review's institutional memory. Editors past, present, and future may be curious about when and why the book review issue was conceived and born. I will briefly tell that story. More significantly, however, I want to relate the …


The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Mary Beth Beazley, Linda H. Edwards May 1998

The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Mary Beth Beazley, Linda H. Edwards

Mercer Law Review

This bibliography of scholarship about legal scholarship was originally prepared for the 1997 Conference of the Association of Legal Writing Directors. The Conference explored the rapidly developing area of scholarship by legal writing professors and the ways in which this important scholarship can be encouraged. Characteristically, when writing teachers turn their attention to a particular kind of writing the genre employs-that is, the process and the product. This bibliography is one result of that study. We hope that it will prove helpful to anyone interested in legal scholarship, especially to law faculty in the early stages of their scholarly careers. …


Recent Books, Michigan Law Review Mar 1998

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.


Recent Books, Michigan Law Review Feb 1998

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.


The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes Jan 1998

The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes

Law Quadrangle (formerly Law Quad Notes)

The following essay is excerpted and adapted from The Law of Democracy: Legal Structure of the Political Process, © The Foundation Press, Inc., Westbury, NY (1998). Publication is by permission.

Constitutions are often viewed today as constraints on majoritarian power in the service of minority interests. But constitutional ground rules also create the possibility of ongoing democratic self-government; constitutions establish relatively stable and non-negotiable precommitments that enable generally accepted structures of political competition to emerge and endure.

Despite the centrality of this role for the American Constitution , however, there is paradoxically little that the text or its history offers …


A Critique Of The Proposed Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue Jan 1998

A Critique Of The Proposed Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue

Law Quadrangle (formerly Law Quad Notes)

The following essay is adapted from testimony presented to the Senate Democratic Task Force on Tobacco in Washington, D.C., on Oct. 9 1997, which in turn is based on the authors' forthcoming article, "The Costs of Cigarettes: The Economic Case for Ex Post Incentive-based Regulation," 107 Yale Law Journal (March 1998)

If the goal of cigarette regulation is either to reduce substantially the public health problem created by cigarette smoking or to allocate the costs of smoking more equitably, there are significantly better alternatives to the regulatory regime than would be created by the state attorneys general's Proposed Tobacco Resolution. …


Upstream Patents = Downstream Bottlenecks, Michael A. Heller, Rebecca S. Eisenberg Jan 1998

Upstream Patents = Downstream Bottlenecks, Michael A. Heller, Rebecca S. Eisenberg

Law Quadrangle (formerly Law Quad Notes)

The following text is excerpted from "Can Patents Deter Innovation? The Anticommons in Biomedical Research" and is reprinted with permission from 280 Science 698-701 (May 1998). © 1998 American Association for the Advancement of Science.

Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse …


Notary Law And Practice: An Annotated Bibliography, 31 J. Marshall L. Rev. 1007 (1998), Jason R. Levine Jan 1998

Notary Law And Practice: An Annotated Bibliography, 31 J. Marshall L. Rev. 1007 (1998), Jason R. Levine

UIC Law Review

No abstract provided.


Table Of Contents Jan 1998

Table Of Contents

Touro Law Review

No abstract provided.


The Declining Use Of Legal Scholarship By Courts: An Empirical Study, Michael D. Mcclintock Jan 1998

The Declining Use Of Legal Scholarship By Courts: An Empirical Study, Michael D. Mcclintock

Oklahoma Law Review

No abstract provided.


Foreword: Issues Affecting Notarial Law And Policy, 31 J. Marshall L. Rev. 647 (1998), Robert Gilbert Johnson Jan 1998

Foreword: Issues Affecting Notarial Law And Policy, 31 J. Marshall L. Rev. 647 (1998), Robert Gilbert Johnson

UIC Law Review

No abstract provided.


Table Of Contents Jan 1998

Table Of Contents

Touro Law Review

No abstract provided.


Breaking Into The Academy: The 1998-2000 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan Jan 1998

Breaking Into The Academy: The 1998-2000 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan

Michigan Journal of Race and Law

I was not very far into my law school experience when I realized that my professors had the best job in town-it took me quite a bit longer to discover that I, too, could get in on the deal. Do not misunderstand me-being a law professor is not easy. In fact, when done correctly, the job requires a tremendous amount of intellectual energy, emotional commitment, long hours, and hard work. However, if you enjoy writing, research, public speaking, and developing mentoring relationships, being a law professor could be the career for you. This Article, and the listings of helpful organizations …


Kentucky Legal Research On The Internet, Kurt X. Metzmeier Jan 1998

Kentucky Legal Research On The Internet, Kurt X. Metzmeier

Kentucky Law Journal

No abstract provided.