Law Commons^™

Information For Submitting To Online Law Review Companions, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The following materials, modeled after the chart prepared by Professor Allen Rostron and Professor Nancy Levit at the University of Missouri Kansas City School of Law, contain information about online companions of main law reviews and journals at the top 20 schools (as determined by the most recent US News overall ranking, not because that system merits endorsement, but because it is convenient). Specifically, the chart derives from the journals’ websites the following information:

• Name of the online journal
• Word count limitation, if any
• Subject matter limitations, if any
• Preferred essay/commentary/review submission method
• Whether articles from online journal are included …

Teaching With Feminist Judgments, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

Elisabeth Haub School of Law Faculty Publications

This chapter, part of Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom (Carolina Academic Press 2021), provides an overview of the U.S. Feminist Judgments Project, a collaboration of feminist scholars and lawyers who rewrite significant judicial opinions using feminist methods and reasoning. One of the primary goals of the series of Feminist Judgments books is to demonstrate that the law has a vast, but often unrealized, potential for social justice. The feminist judgment methodology requires the authors of rewritten opinions to act as judges in following the rules of precedent and custom—and to be bound by …

To Cite Or Not To Cite: Is That Still A Question, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Some states still restrict the citation of unpublished opinions, and the rules among the federal circuits vary slightly as well. This article looks at the history of case publication, the controversy over unpublished opinions, and the current rules related to the citation of unpublished cases.

Basic Bluebooking In Legal Documents, Cynthia Pittson, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Three tip sheets on basic Bluebooking in legal documents presented as tables. The tables include the relevant rules, formulas for the basic citations, and examples for federal and state cases, federal and state statutes, and secondary sources (law review articles, newspaper articles, books and treatises, and other frequently used sources). These were originally developed by Cynthia Pittson for use in the first-year Legal Skills course at the Elisabeth Haub School of Law at Pace University. They have been updated to the 21st Ed. of the Bluebook by Deborah L. Heller.

Bluebooking Environmental Resources, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material. Updated to the 21st Ed. of the Bluebook.

What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation practices and patterns of the Supreme Court of the United States, the United States Courts of Appeals, and multiple state supreme courts. Remarkably little is known about what probate courts cite. This Article makes three principal claims — one empirical, one interpretative, and one normative. This Article demonstrates through data, derived from a study of all decrees …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because the …

Bluebooking Environmental Resources, Deborah Heller

Elisabeth Haub School of Law Faculty Publications

Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material.

Basic Bluebooking In Legal Documents, Cynthia Pittson

Elisabeth Haub School of Law Faculty Publications

Three tip sheets on basic Bluebooking in legal documents presented as tables. The tables include the relevant rules, formulas for the basic citations, and examples for federal and state cases, federal and state statutes, and secondary sources (law review articles, newspaper articles, books and treatises, and other frequently used sources). These were developed for use in the first-year Legal Skills course at the Elisabeth Haub School of Law at Pace University. NOTE: THESE TIP SHEETS ARE TRACKED TO THE PRIOR (20TH EDITION) OF THE BLUEBOOK.

To Abbreviate Or Not To Abbreviate: A Perspective On Administrative Agency Bluebook Citations, Taryn L. Rucinski

Elisabeth Haub School of Law Faculty Publications

For students and practitioners, one of the most confusing issues posed today by The Bluebook lies in when and how to abbreviate federal and state administrative agency names. Or to put it another way: Do I use: EPA, E.P.A., Envtl. Protection Agency, or U.S. Envtl. Protection Agency?

Accessing Law: An Empirical Study Exploring The Influence Of Legal Research Medium, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The legal profession is presently engaged in an uncontrolled experiment. Attorneys now locate and access legal authorities primarily through electronic means. Although this shift to an electronic research medium radically changes how attorneys discover and encounter law, little empirical work investigates impacts from the shift to an electronic medium.

This Article presents the results of one of the most robust empirical studies conducted to date comparing research processes using print and electronic sources. While the study presented in this Article was modest in scope, the extent and type of the differences that it reveals are notable. Some of the observed …

Libguides, Blog Posts, And Articles, Oh My!, Marie Stefanini Newman, Taryn L. Rucinski

Elisabeth Haub School of Law Faculty Publications

“Publish, publish, publish!” is a piece of advice commonly offered to students by career services departments in law schools across the country. Student publications typically take the form of law review or bar journal articles or perhaps competition submissions; however, with the advent of accessible Web 2.0 technologies, publishing has evolved to encompass all sorts of content, styles, lengths, and audiences.

The Pace Law Library approach has been mostly electronic in nature and incorporates into Pace’s advanced legal research courses portfolio pieces such as student-authored research guides, blog posts, and bar journal articles. Moreover, student notes that satisfy the school’s …

’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen

Elisabeth Haub School of Law Student Publications

It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe …

The Case For Collaborative Tools, Lucie Olejnikova

Elisabeth Haub School of Law Faculty Publications

This article shares our experiences and outlines how we used free online collaborative tools to make the long distance seem short. This article also discusses the advantages and disadvantages of long-distance collaboration and how to apply the same tools and principles to a variety of work settings, such as law firms, firm libraries, court libraries, public libraries, and academic libraries. In addition, we mention the psycho-sociological aspects of a long-distance, Web-based communication, as well as its impact on project administration and budget.

Electronically Manufactured Law, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article seeks to strengthen the case for the academy and the legal profession to pay heed to the consequences of the shift to electronic research, primarily by employing cognitive psychology to guide predictions about the impacts of the shift and, thereby, address a perceived credibility gap. This credibility gap arises from the difficulty and imprecision in postulating how changes in the research process translate into changes in researcher behavior and research outcomes. Applying principles of cognitive psychology to compare the print and electronic research processes provides an analytical basis for connecting changes in the research process with changes in …

The History Of The Pace Law Library, Margaret R. Moreland

Elisabeth Haub School of Law Faculty Publications

The Pace University School of Law Library is a gateway to information. As an essential component of legal education, the Library collects and organizes information to support the curriculum and programs of the Pace University School of Law, makes effective use of all available resources to promote student and faculty scholarship, and teaches Pace University School of Law students, faculty, and staff how to retrieve, evaluate, and manage information in an efficient, professional, and ethical manner.

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

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 …

Long Island Sound: A Bibliography Of Legal And Related Materials, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This bibliography is a contribution toward restoring and preserving Long Island Sound.

Teaching Writing Through Substance: The Integration Of Legal Writing With All Deliberate Speed, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

The stated pedagogical task of the first year of law school is to teach students to "think like lawyers." Legal writing, which is a traditional first-year course, serves this purpose by helping students develop writing and analytical skills that are essential to their ultimate success as lawyers. The greatest difficulty faced by those who teach legal writing, however, is communicating to students that legal writing is a means towards synthesizing the law and preparing them for the complex legal and human problems of modern law practice. To help overcome this difficulty, Pace Law School has developed a course that fully …

Joining Hands And Smarts: Teaching Manual Legal Research Through Collaborative Learning Groups, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

My hypothesis was that a group of law students who research a problem together will learn legal research better than students who work individually. I further hypothesized that if the group research could be undertaken during class time under the direct supervision of the instructor and the teaching assistant, the students would be less intimidated by manual research tools and would be better prepared to work on their own. The following three-step method was employed: (1) the students read about the tool; (2) the instructor discussed the tool in class; and (3) immediately following the discussion, students went to the …