Law Commons^™

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.

A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik

Dan Subotnik

No abstract provided.

From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead

Senior Honors Theses

Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however, none of …

Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications

Recently, concern has been voiced within the academy regarding the marginalization of legal scholarship within the criminology and criminal justice (CCJ) discipline. Although conventional wisdom and anecdotal evidence indicate that it is difficult to get legal scholarship published in CCJ journals, there is a dearth of empirical evidence on the representation of legal scholarship in CCJ journals. The present study assesses the representation of legal scholarship in 20 CCJ journals from 2005 through 2015, examining both trends over time and variation across journals. Findings indicate legal scholarship comprises a very small portion of articles published, there has been a steep …

Is The Internet Rotting Oklahoma Law?, Lee Peoples

Lee Peoples

No abstract provided.

Research And The Professional : Navigating A Spectrum Of Legal Resources., Erin K Gow

Erin Gow

Legal research is complicated by the growing amount of information available, and there is evidence that legal practitioners require additional training in order to enhance their information literacy and legal research skills. Librarians have a key role to play in developing legal research training, and examples taken from Middle Temple's library are used to illustrate ways in which librarians can offer beneficial training to their library users. This involves assessing the skills, motivation, and needs of the average library user in order to design legal research training that is educationally sound and appealing to the target audience.

Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker

Articles

On a substantive and ethical level, I tell my students to take on faith that if you were to do all of this and take all this into account, if you were to apply the conflict of interest and the disqualifications rules, it could make it extremely difficult or many of the firms involved in these matters to avoid being conflicted out; especially, if the parties and the kind of firms involved were not dealing with these conflicts and issues until a problem arose. The question I ask my students again at this point is what could be done. What …

Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett

Maryland Law Review

No abstract provided.

Enhancing The Effectiveness Of Your Legal Writing, Jason G. Dykstra

Articles

This article focuses on areas where busy practitioners can aspire for plain English and not only improve their writing but possibly avoid a few pitfalls. As Justice Brandeis once remarked, "There is no such thing as good writing. There is only good rewriting" So here are three areas to focus on as you rewrite: minimizing initialisms, acronyms, and defined terms; losing legal jargon and cutting clutter; and balancing legal terms and precision.

Polishing Makes Perfect . . . Or Maybe Not, Melissa N. Henke

Law Faculty Popular Media

This column offers some tips and strategies that can improve the proofreading process you use. To be clear, I use the term proofreading to refer to the final stage of editing. Of course proofreading can never take the place of earlier stages of rewriting or revising for organization, content, clarity, or conciseness. But this final stage of editing is crucial, because it is where you identify and fix any problems with spelling, grammar, and punctuation that leave your document looking less than polished.

Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs

Faculty Scholarship

Sex-based laws premised on archaic presumptions about the proper roles of men and women run afoul of established constitutional principles, especially when they interfere with the parent-child relationship. Amici write to explain the history of the federal government’s use of sex-based classifications in the regulation of citizenship. In its regulation of intergenerational and interspousal citizenship transmission, the federal government has perpetuated outdated gender-based norms concerning proper parental roles, even when those norms have been rejected in other legal and social contexts. In addition, the laws governing derivative citizenship have significantly encumbered the ability of American fathers to transmit citizenship to …

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Library Staff Publications

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.

Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito

Michigan Business & Entrepreneurial Law Review

Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …

Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz

Michigan Journal of Environmental & Administrative Law

International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries.

Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it …

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

Of Plain English And Plain Meaning, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.

The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler

Faculty Scholarship

The number of empirical legal studies published by academic journals is on the rise. Given theory’s dominance over the last few decades, this is a welcome development. This movement, however, has been plagued by a lack of rigor and a failure of editors to require disclosure of data and procedures that allow for easy replication of published results. Law journals, the editorial boards of which are manned solely by law students, might face the toughest hurdles in ensuring publication of only high quality empirical studies and in implementing and enforcing disclosure policies. While scholars in other fields including economics, psychology, …

Series Llcs Part 1 — Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith

Law Faculty Scholarship

The Series Limited Liability Company (“Series LLC”), a variation of the traditional limited liability company (LLC), is the newest entity enterprise on the business scene today. Within this legal entity, separate “series” or “cells” can be created and established under the umbrella of a single LLC. Despite being under one “umbrella,” each of these cells has characteristics that make it both separate from one another as well as from the Series LLC itself. There is not yet a common term for these distinct units although the term series or cell is often used. The Drafting Committee for the Limited Liability …

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Faculty Scholarship

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …

The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or “Why Johnny And Jane Cannot Research”, Caroline L. Osborne

Caroline L. Osborne

None available.

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …

Law Library Blog (September 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Bridging The Gap: Transitioning Law School Legal Writing Skills To Practicing Law, Jason G. Dykstra

Articles

No abstract provided.

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.

Newsroom: Rwu Law Adds Skills Programs And Faculty 8/15/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.