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Legal Writing and Research

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2005

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Articles 1 - 30 of 61

Full-Text Articles in Law

Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen Dec 2005

Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen

Faculty Scholarship

First-year law students arrive for their first day of classes with varying perceptions about the practice of law and what it means to be a lawyer. Although some students have first-hand knowledge of the profession based on their work in a law office or from family members who are attorneys, many students base their entire conception of what it means to be a lawyer on images from popular media. The Authors discuss how they used a literary account to acquaint students with an authentic picture of litigation, while still teaching the rudiments of legal research and writing. The book used …

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Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula Dec 2005

Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula

Library Staff Publications

No abstract provided.

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Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library Dec 2005

Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2005 served as the strategic plan for the University of Georgia School of Law's Library. It contains goals, objectives and strategies. This document served as an approximately three-year guide for the librarians, staff, their services, and library resources. until the next set of revisions took place in March 2007. In 2006 the library did a cumulative review for the first time of the progress so far on this 2005 strategic plan. It is attached here as an additional document. In subsequent years the library would repeat this review process for 2007, 2008 …

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The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng Nov 2005

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.

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Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson Nov 2005

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

This article shows why lawyers must improve their writing skills beyond law school, throughout their careers, and why the legal profession must join the legal academy in working to improve them. It offers recommendations that the legal profession can implement to combine efforts with academia to meet the challenge of improving legal writing. Academia and the legal profession agree that lawyers write poorly; however, how, when, and who should improve writing skills needs examination. For pragmatic and pedagogical reasons, a united effort between academia and the legal profession is required to meet the challenge of improving legal writing. Writing is …

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Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier Nov 2005

Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The Eighteenth Edition of The Bluebook' is now available, and thanks to competition from the ALWD Citation Manual ("ALWD Manual"), this version is better than ever for practitioners. In the words of Gil Atkinson, '"thank God for competition. When our competitors upset our plans or outdo our designs, they open infinite possibilities of our own work to us."

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Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan Oct 2005

Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

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Pioneering Change In The Centennial Year, Claire M. Germain Oct 2005

Pioneering Change In The Centennial Year, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

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Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond Oct 2005

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond

Faculty Publications

The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.

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The Art Of Indirection, Elizabeth Fajans, Mary R. Falk Oct 2005

The Art Of Indirection, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

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Two Rules For Better Writing, Amy E. Sloan Sep 2005

Two Rules For Better Writing, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

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Colorado Citations, K.K. Duvivier Sep 2005

Colorado Citations, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

More than ten years ago, I wrote a column addressing special citation forms used by Colorado courts. Readers have clamored for an update, so here it is. . .

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Proofreading Tips, K.K. Duvivier Sep 2005

Proofreading Tips, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Typos get attention--negative attention--like a blemish on the tip of your nose on prom night. But there is a difference between our blemishes and our typos: while our blemishes may seem more prominent to us than to others, our eyes usually slip right past our own typos. This column presents some techniques for detecting and correcting these errors.

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Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier Jul 2005

Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The May 2005 column addressing "which" and "that" evoked a flurry of comments about additional issues. This column responds to the reader questions that column spawned.

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How To Make Your Appellate Brief More Readable, Jonathon S. Byington Jul 2005

How To Make Your Appellate Brief More Readable, Jonathon S. Byington

Faculty Journal Articles & Other Writings

This article discusses ways to improve the readability of appellate briefs. It is a synthesis of suggestions from several state appellate judges, numerous articles on appellate practice, and the author's own observations.

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Oxford: A Haven For Sabbaticals And Other Visits, Robert S. Summers Jul 2005

Oxford: A Haven For Sabbaticals And Other Visits, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

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The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan Jul 2005

The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan

Faculty Scholarship

Online legal research is emerging as a preferred tool for judges, attorneys, and lawstudents, providing a vast amount ofnearly real-time legal resources at the speed of electronic search. This article analyzes the risk of error associated with the immediacy of online opinion publishing and how the uncertainty ofaccuracy potentially compromises the litigator's ability to provide accurate advice.

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Going On A “Which” Hunt, K.K. Duvivier May 2005

Going On A “Which” Hunt, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

KK: Here's a question that/which I've wondered about for some time. What is the proper use of the words "that"and "which"? I understand their use in the context of "Which car is yours?"and "It's that red one."However which word is proper in my first sentence and how do I know when to use one or the other?

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From The Treasurer: Aall Current Reserve Fund Restored, Joyce Manna Janto May 2005

From The Treasurer: Aall Current Reserve Fund Restored, Joyce Manna Janto

Law Faculty Publications

This article reports on the fiscal health of the American Association of Law Libraries in 2005, including a comparative statement of revenues and expenses.

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Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins Apr 2005

Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins

Faculty Scholarship

By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'8 Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, 19 there remains a strong sense, especially among lawyers and judges, that …

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Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan Apr 2005

Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

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Secondary Sources: Top Ten, Susan Drisko Zago Mar 2005

Secondary Sources: Top Ten, Susan Drisko Zago

Law Faculty Scholarship

Secondary sources are a legal researcher's best friend. They are a great place to begin researching a new topic as they provide a framework for understanding the subject. Not only will a good secondary source provide researchers with a way of approaching the topic, but it will also introduce beginning researchers to the language of the subject. Secondary sources also contain expert analysis, references to primary law such as cases, statutes, and regulations, and will also include such other resources as governmental reports, statistics, and other secondary sources. While secondary sources are an incredibly valuable research tool, they can offer …

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Book Review Of The Process Of Legal Research, 6th Ed., Paul Hellyer Jan 2005

Book Review Of The Process Of Legal Research, 6th Ed., Paul Hellyer

Library Staff Publications

No abstract provided.

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Assessing The Influence Of Computer-Assisted Legal Research: A Study Of California Supreme Court Opinions, Paul Hellyer Jan 2005

Assessing The Influence Of Computer-Assisted Legal Research: A Study Of California Supreme Court Opinions, Paul Hellyer

Library Staff Publications

Mr. Hellyer reviews the literature regarding CALR and identifies several hypotheses regarding quantitative differences in the results of print-based research and CALR. He then analyzes California Supreme Court opinions to determine CALR's effect on the quantity, recency, and types of legal authority cited by the court. The data fail to support the commentator's hypotheses.

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Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller Jan 2005

Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller

All Faculty Scholarship

The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …

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Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson Jan 2005

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson

Law Library Staff Publications

No abstract provided.

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Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson Jan 2005

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson

Law Faculty Scholarship

No abstract provided.

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Sometimes You Have To Be The Guide On The Side, David I.C. Thomson Jan 2005

Sometimes You Have To Be The Guide On The Side, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

A saying in the literature of collaborative learning scolds us teachers for being too fond of the sound of our own voices: “You need to be less of the ‘Sage on the Stage’ and more of the ‘Guide on the Side.’” The night of my “best class” this saying really hit home to me. I was the Guide on the Side, and the students took over the teaching– and the learning.

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All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier Jan 2005

All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

I missed the memo that changed noun-verb agreement on nouns formerly defined as singular i.e. "staff," meaning more than one person, as in "the staff are." When did it change from "the staff is"? Who decided on this change, and why wasn't I notified? I'm making light of this issue, but I'm perplexed. PS. Grammar check didn't get the memo either District Judge Marilyn Leonard.

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Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner Jan 2005

Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner

Librarians' Articles

In reflecting on the various ways she has developed some expertise in the area of foreign and international research (without being an expert), Ms. Whisner offers suggestions to others who would like to build their own knowledge in this field.

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