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Articles 1 - 30 of 34
Full-Text Articles in Law
Waiting With Brother Thomas, Chris Sagers
Waiting With Brother Thomas, Chris Sagers
Law Faculty Articles and Essays
In this Essay, Christopher Sagers argues that those schools of thought that could be called "doubtful"—that is, those predicated on suspicion of belief to some degree—share a range of similarities and, more importantly, are attacked through a set of common criticisms. He argues that the fundamental criticism of these "doubtful" schools of thought—that doubt leads us to nihilism and therefore must be bad—is a non sequitur. Furthermore, he continues, we reject doubt not because it is bad, but because it is difficult. Ultimately, he suggests ways to face the problems of nihilism or, rather, ways of understanding them as other …
Plain English Part Vi: Negatives Or The Power Of Positives, K.K. Duvivier
Plain English Part Vi: Negatives Or The Power Of Positives, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column is the last in a series' describing six"clear writing techniques" set out by the SEC in proposed rules to require that disclosures be written in Plain English. This last writing tip is to avoid "negative sentences and multiple negatives."
Contents Of Legal Information On The Internet: U.S. Perspectives, Claire M. Germain
Contents Of Legal Information On The Internet: U.S. Perspectives, Claire M. Germain
Cornell Law Faculty Working Papers
This article examines the contents of legal data and information on the Internet, with a special focus on the United States. It then evaluates the quality of the data, its impact on legal research and access to legal information, and addresses some issues raised by the digital medium, such as its reliability and permanent access concerns.
Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii
Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert
Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert
Law Faculty Scholarship
Continuing a trend, 1998 included a number of important developments in the area of professional responsibility law in Florida. Significant appellate court decisions, rule changes, and disciplinary actions potentially affect the practices of more than 58,000 members of The Florida Bar. This article reports and summarizes those developments by placing them in the framework of the various relationships in which lawyers typically operate. Part II looks at decisions affecting what must be viewed as the central relationship in this context: the relationship between lawyer and client. Part III examines developments pertaining to what may be the dominant relationship: the lawyer's …
The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love
The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love
Faculty Publications
Storytelling-particularly storytelling written from an "outsider's" perspective-is a new form of legal writing that appears with increasing frequency on the pages of law reviews and specialized legal journals. At the same time, critics are questioning whether storytelling deserves to be classified as a form of legal scholarship. Perhaps storytellers are to be regarded as talented and creative writers, but do they truly deserve to be called legal scholars? At first, the debate was local, arising in the context of the deliberations of appointments committees and tenure committees. Now the debate is national, and it is being conducted on the pages …
Plain English Part V: Go Aggro Over Argot, K.K. Duvivier
Plain English Part V: Go Aggro Over Argot, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The SEC has set out six "dear writing techniques" to require that disclosures be written in Plain English. Previous columns have addressed the first four techniques. This column addresses the fiflh: replacing jargon and legalese with short common words.
Researching Cases On The Web, Douglas E. Abrams
Researching Cases On The Web, Douglas E. Abrams
Faculty Publications
No abstract provided.
Plain English Part Iv: Keep It Straight, Tabulate, K.K. Duvivier
Plain English Part Iv: Keep It Straight, Tabulate, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column addresses tabular presentation of complex material, which is the fourth of six "clear writing techniques" set out in the SEC's proposed rules to require that disclosures be written in Plain English.' The first three of these techniques were discussed in the January, March, and May 1998 Scrivener articles.
Holmes's Good Man: A Comment On Levinson And Balkin, Jack M. Beermann
Holmes's Good Man: A Comment On Levinson And Balkin, Jack M. Beermann
Faculty Scholarship
Sanford Levinson and J.M. Balkin's paper ("L & B") is refreshing in the attention it pays to Holmes's oft-neglected "good [man], who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience."1 The good man provides a heuristic foil for Holmes's "bad man" whose conduct is motivated only by the potential material consequences, and thus L & B's analysis should help shed light on what is a puzzling metaphor in the folklore surrounding Holmes's The Path of the Law. L & B provide some interesting observations on the implications of …
Comment On Frederick Schauer's Prediction And Particularity Comment, Gerald F. Leonard
Comment On Frederick Schauer's Prediction And Particularity Comment, Gerald F. Leonard
Faculty Scholarship
Ignorance of the law is generally no excuse. I say generally because the century since the publication of The Path of the Law has brought a small but increasing number of exceptions to the rule. In Oliver Wendell Holmes's day, however, exceptions to the rule were nearly nonexistent, much to Holmes's satisfaction.1 In The Common Law, Holmes said that the law requires persons "at their peril to know the teachings of common experience, just as it requires them to know the law." 2 He did not, of course, actually think that common experience was perfectly knowable or judicial interpretation perfectly …
Plain English Part Iii: Choosing The Right Words, K.K. Duvivier
Plain English Part Iii: Choosing The Right Words, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In an effort to provide investors with full and fair disclosures in language they can understand, the SEC has proposed rules to require that disclosures be written in Plain English.' These rules outline six "clear writing techniques": (1) active voice; (2) short sentences; (3) definite, concrete, everyday language; (4) tabular presentations; (5) no jargon; and (6) no multiple negatives. The January and March 1998 Scrivener article addressed the first two techniques; this article addresses the third.
Digital Legal Information: Here Today, Gone Tomorrow?, Claire M. Germain
Digital Legal Information: Here Today, Gone Tomorrow?, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Plain English Part Ii: Shorter Sentences And Lighter Luggage, K.K. Duvivier
Plain English Part Ii: Shorter Sentences And Lighter Luggage, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
January's column addressed the first of six specific "clear writing techniques to communicate information" set out in the SEC's proposed rules for plain English-the active voice. This column addresses the SEC's second technique-shorter sentences.
Linguistics And The Composition Of Legal Documents: Border Crossing, Elizabeth Fajans, Mary R. Falk
Linguistics And The Composition Of Legal Documents: Border Crossing, Elizabeth Fajans, Mary R. Falk
Faculty Scholarship
No abstract provided.
Reflections On Twenty Years Of The Law Review, Howard Kalodner
Reflections On Twenty Years Of The Law Review, Howard Kalodner
Faculty Scholarship
The Author reflects on twenty years of working with the Western New England Law Review. Up until his arrival as dean of the law school, the College was unwilling,or at least reluctant, to provide the necessary funds for publication of a law review.
Shall - Take No. 2, Debra R. Cohen
Plain English Part I: Secrets For The Sec, K.K. Duvivier
Plain English Part I: Secrets For The Sec, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Studies have shown that traditional legal writing has four main characteristics: it is "wordy," "unclear," "pompous," and "dull." Furthermore, law books have been dubbed "the largest body of poorly written literature ever created by the human race." Although some lawyers intend to perpetuate this tradition, most have recognized the benefit of converting to "plain English."
Legal Writing Unplugged: Evaluating The Role Of Computer Technology In Legal Writing Pedagogy, Legal Writing, Suzanne Ehrenberg
Legal Writing Unplugged: Evaluating The Role Of Computer Technology In Legal Writing Pedagogy, Legal Writing, Suzanne Ehrenberg
All Faculty Scholarship
No abstract provided.
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Shepardizing English Law, Stephen E. Young
Shepardizing English Law, Stephen E. Young
Scholarly Articles
Young explores the use of noter-up resources for English legal materials, with an emphasis on case law and statutory citators. He also describes the online tools that can be used as citator services.
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Faculty Articles
This article uses quotes from interviews with diverse students as a spring board to discuss contextualized learning theory and teaching strategies to enhance student learning. Students must relate new information to their own experience; develop ideas about the new information; and articulate their understanding of it. In other words, to fully understand something, students must be able to relate to it, own it, and translate it. To help students do this, the article discusses and provides examples of three concrete teaching strategies: experiential learning exercises, writing exercises, and collaborative exercises.
Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert
Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert
Reviews
Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …
Cases Versus Theory, Richard B. Collins
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Articles
The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …
Scholarship About Teaching, Jonathan L. Entin
Scholarship About Teaching, Jonathan L. Entin
Faculty Publications
This essay draws on that experience, focusing on approximately half a dozen particularly good articles that have appeared in the Journal during my editorial tenure. Most of these describe new ideas, offering detailed information for the curious reader who might want to emulate the author's approach or simply to learn what others in the legal academy are doing. Typically, however, these papers contain little or no meaningful assessment or evaluation. "Descriptive" is too often a pejorative term of dismissal. But good description is often an essential first step toward understanding. Because I believe that more rigorous evaluation could add to …
The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Linda H. Edwards, Mary Beth Beazley
The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Linda H. Edwards, Mary Beth Beazley
Scholarly Works
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 project, they begin by examining both the genre and the creative activity the genre employs—that is, the process and the product. This bibliography is one result of that study. The authors hope that it will prove helpful to anyone interested in legal …
Resistance Is Futile: How Legal Writing Pedagogy Contributes To The Law's Marginalization Of Outsider Voices, Kathryn M. Stanchi
Resistance Is Futile: How Legal Writing Pedagogy Contributes To The Law's Marginalization Of Outsider Voices, Kathryn M. Stanchi
Scholarly Works
This Article will examine the ways in which legal writing pedagogy contributes to the marginalization of outsider voices in the law. In Part II, the Article explores the two reigning pedagogies of legal writing and describes the linguistic model used to gauge how teaching law as language marginalizes outsider voices. In Part III, the Article applies the linguistic model to explore specific examples of how legal writing pedagogy may contribute to the marginalization of certain groups by focusing on audience and socializing them into the culture and language of law. In Part IV, the Article considers various solutions, all of …
Teaching Upperclass Writing: Everything You Always Wanted To Know But Were Afraid To Ask, Lissa Griffin
Teaching Upperclass Writing: Everything You Always Wanted To Know But Were Afraid To Ask, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
A survey conducted as part of this project reveals that law schools generally require their students to have an upperclass writing experience taught or supervised by non-writing tenured or tenure-track faculty. These teachers currently bear the responsibility for assigning, supervising, reviewing, and evaluating most of the writing by upperclass students, either through substantive seminars or independent study projects. In almost all schools there is no major curricular planning, systematic instruction, faculty training, or institutional support for upperclass writing.
Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell
Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
The proposed realist and rhetorical approach to legal research applies to every conceivable legal problem and provides the student a conceptual foundation not only for solving any legal dispute, but for successfully completing any transactions with which he or she will be confronted. Part I of this article will demonstrate why law students should learn to research the relevant audiences in the legal drama and to research the unpublished and often unwritten rules and practices that these audiences follow. Part II will show how. Part III will present a comprehensive legal problem solving model that integrates these new dimensions of …