Law Commons^™

Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Questions From Readers: Redbook Responses-Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The last Scrivener' introduced readers to a new comprehensive reference tool for legal writers called The Redbook. This column and Part II, to be printed in the January 2003 issue of The Colorado Lawyer, will present The Redbook responses to reader questions.

Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford

Faculty Publications

Mr Alford analyzes license agreements for electronic resources and suggests certain negotiation points to consider when entering into such an agreement. He begins by describing the results of a survey of law librarians about their preparation for and techniques used when negotiating electronic license agreements and the legal strategies used by publishers to support the licensing of electronic information. After reviewing selected principles of licensing issued by library associations and several standardized electronic license agreements, he identifies provisions in a typical agreement that should concern libraries and suggests certain arguments to use in negotiating terms more favorable to the library.

Teaching Lawyers How To Perform: Legal Citation In Montana, Stacey L. Gordon

Faculty Journal Articles & Other Writings

No abstract provided.

You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In a bold move this year, a new book on legal style has burst full-grown from its publishers with a title based on the color of its cover: The Redbook. Although there are other, more established "Red Books," the form of the new book's title suggests that The Redbook aspires to stand on par with The Bluebook in scope and stature.

Top 10 Tips On Writing For Professional Journals, Frank G. Houdek

Publications

The author provides ten suggestions for writers aspiring to publish in professional journals, ranging from writing about something you know to leaving yourself adequate time to revise and edit prior to a submission deadline.

Nit-Picking Or Significant Contract Choices?-Part Iii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In the March "Scrivener," I quoted three examples of revisions proposed in a lease negotiation that were characterized by one reader as "nit-picking." In the June article, I summarized the general responses I received about nit-picking from a number of readers. Two of those readers were kind enough to give me very specific feedback about the three clauses listed in the March article. This article addresses each clause individually to provide help to other readers with their negotiations. Overall, these readers concluded that each of the proposed revisions listed raised legitimate concerns for their clients that were worth discussing with …

Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The March 2002 Scrivener asked readers for feedback about how to distinguish nit-picking from requests for significant word changes in an agreement. The majority of respondents believed that the examples provided in the March article raised legitimate concerns. The July 2002 Scrivener will address those specific revisions quoted in the March article. This June article focuses on readers' general comments about crafting agreements to avoid nit-picking.

Foreword, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer

All Faculty Scholarship

The author reviews Michael Glennon's Limits of Law, Prerogatives of Power: Interventionism After Kosovo, discussing Glennon's approach to NATO's 1999 bombing to stop the Milosevic regime's ethnic cleansing of Kosovo in the face of the UN Charter's absolute ban on states using force except in self-defense. Finding Glennon's study at once provocative and readable, the author emphasizes the strength of Glennon's core point - the inability for the Kosovo campaign to be reconciled with the UN charter - but points to the dangers of using one instance (Kosovo) to prove bad law.

Nit-Picking Or Significant Contract Choices?-Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Because I practiced primarily as a transactional lawyer for the eight years before I started teaching, I can sympathize with both sides of this dilemma. In practice, I ran across two alternative approaches to elases or contracts: the short "gentlemen's agreement" and the comprehensive agreement.

Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan

All Faculty Scholarship

Our goal at this conference is to begin the process of erasing the often artificial lines that presently exist between "doctrinal" and "skills" courses, between education focused on the acquisition of knowledge and education focused on the practical application of that knowledge. The lines that have been drawn are more a matter of perception than reality. If we were to deconstruct the pedagogical goals in both of these types of courses, we would find that they have as many similarities as they have differences.

The Aikido Technique For Rebutting Opposing Authority, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

A larger and stronger adversary lunges toward you, teeth bared, eyes blazing. Do you respond with equal fury, hoping in some way to match him? Or do you simply remain calm and centered, using your adversary's own energy to overpower him? The calm approach is the Aikido way, and this same approach can be an effective way of responding to negative authority in an opponent's brief.

A Form Letter, Richard J. Peltz-Steele

Faculty Publications

A humorous letter from Richard J. Peltz, who at the time was an Associate Professor at William H. Bowen Law School, to Professor John M. A. DiPippa, also of Bowen Law School at the University of Arkansas in Little Rock.

Learning More Than Law From Maryland Decisions, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Evaluating Electronic Resources: Criteria Used By Librarians, Robert J. Weiner Jr.

College of Law - Law Library Staff Scholarship

Librarians use a variety of criteria when evaluating research databases for potential purchase or subscription. The development of a systematic approach to making library purchasing decisions can ensure that an informed decision-making process is used in library database collection building.

Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan

Faculty Articles

To fine-tune legal writing courses to better prepare law students to enter legal practice, Professors Constance Krontz and Susan McClellan surveyed judges and practicing attorneys who supervise the work of first-year associates or judicial law clerks. They selected attorneys from a variety of practices in Washington State, including offices of public defenders and state prosecutors, the Attorney General's office, and private firms of various sizes. They sought information about the performance of all first-year clerks and associates, without reference to where they obtained their law degrees. Knowledge of the bench and bar's perception of the oral and written performance of …

The Way We Were And What We “B”, Kelly Kunsch

Faculty Articles

This article describes the changes over the past 20 years in the job of reference librarian. Using typical reference questions and quotes from leading law librarians in the early '80s, the author compares current practice and explains the differences in the time, place, and manner of legal reference. Although answering questions may be done today more quickly and efficiently than 20 years ago, the increase in demand and expectations make the job more challenging than ever.

How Many Copies Are Enough? Using Citation Studies To Limit Journal Holdings, Kincaid C. Brown

Law Librarian Scholarship

Mr. Brown introduces the University of Michigan Law Library’s use of citation study literature to develop a new policy regarding the number of duplicate copies of law review titles to be held in the library’s collection. The specifics of the new policy are described

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.

Empirical Work In Family Law, Margaret F. Brinig

Journal Articles

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …

What Is The Point? Teaching Ideas For Thesis Sentences, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

Readers are pragmatic and want to know the bottom line. The use of strong topic or thesis sentences will grab the reader’s attention and help the reader understand the significance of the information in each paragraph. The writer does not want to waste an opportunity or just tread water in a thesis sentence by merely stating a fact. This article discusses teaching ideas and exercises for drafting effective thesis sentences.

Building A Tower Of Babel Or Building A Discipline? Talking About Legal Writing, Terrill Pollman

Scholarly Works

High-quality writing is one of the crafts most necessary to a successful career in law. Mature legal professionals, lawyers, judges, and law professors write every day. Often, they write cooperatively--editing and redrafting a shared document. Nevertheless, those trained in the law may lack a common language that enables them to talk with each other about writing. Like the workers building the tower in the biblical story of Babel, legal professionals sometimes find themselves unable to communicate about their work.

Unlike most subjects in the legal academy, legal writing has emerged as an area of serious study in law schools only …

Do Best Practices In Legal Education Include Emphasis On Compositional Modes Of Studying Law As A Liberal Art?, Linda L. Berger

Scholarly Works

Reporter's Notes on "A Liberal Education in Law: Engaging the Legal Imagination through Research and Writing Beyond the Curriculum."

Availability Of Works Cited In Recent Law Review Articles On Lexis, Westlaw, The Internet, And Other Databases, Simon Canick

Faculty Scholarship

In this study, a group of recent law articles was examined to determine the proportion of cited resources that are easily findeable online. Searches were conducted in databases such as LEXIS and Westlaw, and on the Internet, for full-text versions of every source cited in seven articles. The results have been broken down into 13 categories, including: federal cases, books, foreign law, and legal periodicals pre-1990. Not surprisingly coverage differs widely between the categories. Overall the study found that 77% of the 1,984 citations in the articles reviewed are available online. This article concludes with a general discussion of why …

Book Review. Teaching Legal Research And Providing Access To Electronic Resources (Gary L. Hill, Et. Al., Eds.), Peter A. Hook

Articles by Maurer Faculty

No abstract provided.

The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar

Articles

After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2

The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Teamwork Builds A Modern Traditional Library, Mitchell Counts, Robert Linz

Publications

No abstract provided.