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Articles 1 - 30 of 35
Full-Text Articles in Law
The Common Comma: Part Ii, K.K. Duvivier
The Common Comma: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column shows how a comma, or the lack of one, can significantly change your meaning. It also addresses several comma issues raised by readers, but not fully resolved by my previous column on commas.
Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris
Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris
Law Faculty Scholarship
The past year saw a number of interesting and innovative developments in Florida's professional responsibility jurisprudence. This article reviews significant Florida court decisions, ethics rules, and advisory ethics opinions handed down during the year that are likely to affect Florida lawyers as they attempt to represent their clients zealously while complying with the letter, if not always the spirit, of the Florida Rules of Professional Conduct ("RPC"). Today's lawyer may act in many different capacities, at times assuming the role of advocate, advisor, counselor, fiduciary, intermediary, businessperson, or marketer. The lawyer must adhere to a host of sometimes-overlapping ethical obligations …
The Common Comma: Part I, K.K. Duvivier
The Common Comma: Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The comma is the most frequently used punctuation mark. Unfortunately, the comma is also the most frequently misused mark.
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Faculty Scholarship
The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.1 A slight scratch on the surface of doctrines as disparate as official …
The Period And Its Pals, K.K. Duvivier
The Period And Its Pals, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Judges are more likely to rule against you if they cannot understand your points and if your arguments do not seem well-reasoned. In contrast, punctuation errors may be irritating, but they will rarely, if ever, cause you to lose the case.
A Wise Passiveness, K.K. Duvivier
A Wise Passiveness, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
"[W]e can feed this mind of ours In a wise passiveness" "Expostulation & Reply" by William Wordsworth As a general rule, our writing can be more forceful and concise if we search for the passive voice and eliminate it. However, the avoid-the-passive rule sometimes is taken to extremes. This article addresses five ways to use the passive voice as a positive communication tool.
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
All Faculty Scholarship
Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.
1.4, Yolanda Jones
Problems With The Passive Voice, K.K. Duvivier
Problems With The Passive Voice, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Some of us recall when our grammar teachers admon- ished against using the passive voice. However, voice is a stylistic choice, not a rule of grammar. This column explains why the active voice generally is preferred. The next column will discuss when the passive voice may be the better choice (to be published in the May issue of The Colorado Lawyer). Once we understand the passive, we can make more informed decisions about its use.
1.3, Yolanda Jones
1.2, Yolanda Jones
The Myth Of Meritocracy, And The Silencing Of Minority Voices: The Need For Diversity On America's Law Reviews, Mark A. Godsey
The Myth Of Meritocracy, And The Silencing Of Minority Voices: The Need For Diversity On America's Law Reviews, Mark A. Godsey
Faculty Articles and Other Publications
This Article is aimed primarily at guiding current law review members through a process that explores the real purposes of law reviews. Part II discusses the two primary responsibilities of law reviews and the effect that a lack of minority participation has on a review's ability to meet these responsibilities. Specifically, section IIA explores a law review's responsibility to serve as an advanced legal writing course for students. This section questions whether it is legitimate for law reviews to use selection procedure that consistently exclude certain races from this part of the curriculum. Section IIB discusses a law journal's responsibility …
Reflections Of Irac, Chris Iijima, Beth Cohen
Reflections Of Irac, Chris Iijima, Beth Cohen
Faculty Scholarship
The Authors discuss IRAC as a tool to help students provide structure to legal analysis. Students use this tool not only in writing objective and persuasive memos and briefs, but also in writing answers to examination questions. The Authors give their comments, highlighted by the “Point/Counterpoint,” which present a wide range of views on the efficacy of this tool.
Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen
Faculty Scholarship
The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.
The Top Fives: An Internet Pathfinder For Law Librarians, Yolanda Patrice Jones
The Top Fives: An Internet Pathfinder For Law Librarians, Yolanda Patrice Jones
Journal Publications
Many law librarians are currently beginning to explore the Internet as a source of legal information. One of the most frequently asked questions after one gets an Interet connection is "Where do I go from here?" The following pathfinder is a list of what I consider to be the most important resources which will lead the legal researcher to the widest possible amount of legal information on the Internet. This list is purely subjective, and certainly not complete. I tried to stick to the 'top five' format as much as possible, but every so often I couldn't help myself from …
Proper Words In Proper Places, K.K. Duvivier
Proper Words In Proper Places, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Most experts agree that written communication is achieved through a combination of word choice and word placement.' Although, word placement within a sentence has long been recognized as significant, word choice often is considered the predominant vehicle for communication. Some recent commentators, however, contend that reader expectations about word placement play a dominant role in communication. This column addresses how to enhance communication by placing words that you want to emphasize at the end of your sentences.
Reflections Of Irac, Beth Cohen, Chris Iijima
Reflections Of Irac, Beth Cohen, Chris Iijima
Media Presence
The authors agree that IRAC provides a good starting point to explain the components of legal argument. It requires students to present a good, clear statement of law, a clear and affirmative statement of the issue, an articulation of applicable rules, an analysis and an application of facts to rules of law, and a statement of the ultimate conclusion or prediction. These elements are essential components of good legal writing that should be contained in all good and thorough legal writing from inter-office memoranda and persuasive court briefs to law school exams.
Manuscript Selection Anti-Manifesto, Carl W. Tobias
Manuscript Selection Anti-Manifesto, Carl W. Tobias
Law Faculty Publications
Joining a conversation begun by James Lindgren, An Author's Manifesto, 61 U. Chi. L. Rev. 527 (1994), Prof. Tobias discusses the process of submission, review, and editorial work on articles published in student-edited law reviews.
An Author's Manifesto (Manifesto) constructively criticizes the amazingly arcane process of law review publication and affords salient suggestions for its improvement. The essay treats two aspects of this process-the selection of manuscripts and the editing of articles which sustain that venerable institution: student-edited law journals. Manifesto regales readers with many terrible tales of travesties which involve article editing but recounts comparatively few sordid stories that …
Learning By Doing - Preparing Law Students For The Practice Of Law: The Legal Practicum, John O. Sonsteng, Roger S. Haydock
Learning By Doing - Preparing Law Students For The Practice Of Law: The Legal Practicum, John O. Sonsteng, Roger S. Haydock
Faculty Scholarship
The MacCrate Report outlined ten skills that are essential for every practicing attorney and should ideally be taught in every law school. The Association of American Law Schools (AALS) concluded that these ten skills cannot be effectively obtained through every law school curriculum because of each school's individual, economic limitations. This article demonstrates how one law school—William Mitchell College of Law, in St. Paul, Minnesota—has , since 1984, incorporated a cost effective Legal Practicum course into its curriculum to help meet the MacCrate Report goal of providing the law student with the opportunity to learn and apply fundamental lawyering skills. …
Migration: A Natural Growth Process For Libraries (Part One Of Two), Georgia Briscoe
Migration: A Natural Growth Process For Libraries (Part One Of Two), Georgia Briscoe
Publications
No abstract provided.
Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe
Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe
Publications
Just as bibliographic records are shared by law libraries through a national database, serial publication pattern data could also be shared. The author presents a history of the movement toward such a database and offers a specific proposal for its creation.
Law And Linguistics: Is There Common Ground?, William D. Popkin
Law And Linguistics: Is There Common Ground?, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Making Motions: The Embodiment Of Law In Gestures, Bernard J. Hibbitts
Making Motions: The Embodiment Of Law In Gestures, Bernard J. Hibbitts
Articles
In contemporary America, the locus of legal meaning is habitually deemed to be the written word. This article pushes our conception of law’s “text” beyond its traditional inscripted bounds by focusing on physical gesture as a legal instrumentality. The few studies of legal gesture undertaken to date have explained its prominence in various legal systems and cultural environments, the significance of specific legal gestures in specific historic contexts, and the depiction of legal gestures in particular manuscripts or other specific physical settings, but no one has considered the general functions of legal gesture as a modality.
In an effort to …
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
Babies, Bathwater, And Law Reviews, Leo P. Martinez
Babies, Bathwater, And Law Reviews, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Our Perspective On Irac, Christina L. Kunz, Deborah A. Schmedemann
Our Perspective On Irac, Christina L. Kunz, Deborah A. Schmedemann
Faculty Scholarship
In this brief article, the authors present their view of IRAC, an acronym for Issue, Relevant law, Application to facts, and Conclusion. The authors conclude that IRAC can be taught so that students understand not only why it is useful as a thinking and writing tool, but also that proper use of it requires judgment and creativity. When IRAC is presented this way, the authors assert, it can serve first-year students well as they study legal writing. And they will operate accordingly, even without being aware of its influence, during their years as practicing lawyers.
Empirical Legal Scholarship: Reestablishing A Dialogue Between The Academy And Profession, Craig Allen Nard
Empirical Legal Scholarship: Reestablishing A Dialogue Between The Academy And Profession, Craig Allen Nard
Faculty Publications
Should legal academics begin to engage in a greater degree of empirical scholarship, I believe that the gap between law schools and the profession will not only cease to distend, but actually will begin to contract. If what I assert is true, or even partially true, the question remains: Why is there such a paucity of empirical legal scholarship?
Part I of this article discusses the importance and value of the empirical method and empirical scholarship by briefly exploring the philosophy of Pragmatism and its influence on the law. Thereafter, part II explores why legal academics do not engage in …
Teach-In Reflections: Past, Present And Future, Gail Partin
Teach-In Reflections: Past, Present And Future, Gail Partin
Faculty Scholarly Works
No abstract provided.
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
Articles
The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the question that may provide the reader with a useful point of departure for reading the more extensive papers that follow.
Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills
Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills
Journal Articles
The authors present a demographic and professional profile of AALL minority law librarian members based upon responses to a detailed survey that elicited information about work experience and skills, professional activities and participation, and career aspirations. The results lead the authors to suggest some recruitment strategies to increase diversity in law librarianship and the level of minority participation in AALL.