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Legal Writing and Research

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2014

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Articles 31 - 60 of 97

Full-Text Articles in Law

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project Mar 2014

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides


Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine Mar 2014

Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine

Law Faculty Publications

For more than two decades, at three law schools, I have been teaching an advanced legal writing course that builds upon the foundation created in the first-year writing courses and introduces students to new drafting skills, focusing on statutes and statutory drafting. The final project in the course requires students to solve a personally-identified legal or quasi-legal problem by drafting a report and a statute, ordinance, regulation, procedural rule, or a similar solution.


In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales Mar 2014

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

Law Faculty Scholarship

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …


A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman Feb 2014

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

This bibliography attempts to include all faculty members at the College of Law beginning in 1892 through the faculty members of the 2012–2013 academic year. We included publications from tenure-track law, law library, and law clinical faculty members and visiting faculty members who were at the College of Law for three or more years. Although we did not include the scholarship of faculty members who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes. We used the Official Bulletin of Nebraska Law and the Nebraska Law Review to …


Vol. 46, No. 02 (January 27, 2014) Jan 2014

Vol. 46, No. 02 (January 27, 2014)

Indiana Law Annotated

No abstract provided.


Vol. 46, No. 01 (January 20, 2014) Jan 2014

Vol. 46, No. 01 (January 20, 2014)

Indiana Law Annotated

No abstract provided.


Report Of The Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Anne Klinefelter, Kay L. Andrus, Joanne A. Epps, Frank Liu, Susan Nevelow-Mart, Spencer Simons Jan 2014

Report Of The Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Anne Klinefelter, Kay L. Andrus, Joanne A. Epps, Frank Liu, Susan Nevelow-Mart, Spencer Simons

Faculty Publications

The reporting structure for academic law libraries is a topic of renewed debate. Tradition and accreditation standards for law schools have supported law school oversight of law libraries to ensure that library services would focus on the goals of the law school. Because legal research has been considered a bedrock component of legal education and legal practice, law libraries have long been closely aligned with law schools. However, new information technologies, increased pressures for efficiencies, growing interest in interdisciplinary work, and growing interdisciplinary demand for lawyer librarian expertise in information law have inspired questions about potential advantages of strengthening the …


Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay Jan 2014

Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay

All Faculty Scholarship

This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.


Conveying Titles Clearly: Thoughts On The Fifth Edition Of The Alwd Guide To Legal Citation (Book Review), Stephen Paskey Jan 2014

Conveying Titles Clearly: Thoughts On The Fifth Edition Of The Alwd Guide To Legal Citation (Book Review), Stephen Paskey

Book Reviews

No abstract provided.


When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment, David I.C. Thomson Jan 2014

When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

There has been much discussion recently in legal education circles about the need for improvements in assessment. Recently, the American Bar Association has responded by adding an assessment requirement to the accreditation standards, making the subject even more urgent. Because most of us in the legal academy are new to the language and methods of assessment, there have been misunderstandings. And further, because there are different levels of assessment and each level usually has different goals, sometimes the discussion can become confused. It is imperative that we understand the different levels and goals of assessment projects, so we may communicate …


A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer Jan 2014

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …


Speaking With Conviction: The Importance Of Effective And Precise Communications, David Spratt Jan 2014

Speaking With Conviction: The Importance Of Effective And Precise Communications, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The 4-1-1 On Lawyer Directories, Mary Whisner Jan 2014

The 4-1-1 On Lawyer Directories, Mary Whisner

Librarians' Articles

Directories listing biographical and contact information for attorneys have been a publishing mainstay for more than one hundred years. They are used for marketing, as well as historical and genealogical research. However, technology is changing the way attorneys advertise, and Ms. Whisner looks at the current state of lawyer directories and their usage.


Getting To Know Fastcase, Mary Whisner Jan 2014

Getting To Know Fastcase, Mary Whisner

Librarians' Articles

Librarians must learn how to use databases on a regular basis. The databases may be new, or they may be well-established ones that librarians haven’t used before. Ms. Whisner examines Fastcase, an online system that recently entered into a cooperative agreement with HeinOnline, and discovers some lessons about how she learns new databases.


A Promising Beginning, Jeremiah A. Ho Jan 2014

A Promising Beginning, Jeremiah A. Ho

Faculty Publications

When I began teaching at the University of Massachusetts in August 2012, one of my first encounters was with the newly-formed UMass Law Review. The editorial staff was wrapping up its initial preparations for publishing the inaugural volume. Now, over a year later, those nascent processes have since been refined; the inaugural year is over. We are excited to say that the UMass Law Review enters its sophomore year with this current issue, affectionately dubbed “9:1”.


Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher Jan 2014

Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.


Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher Jan 2014

Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.


The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia Jan 2014

The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia

Law Faculty Publications

While collaboration is familiar to some legal researchers, the field, for the most part, does not seem to implicate the large-scale complexity and cost that has become associated with big science. These logistical differences, combined with a very strong cultural preference in legal academic circles for solitary work, could potentially keep team research from dominating the production of legal knowledge to the same extent that it has come to dominate the production of knowledge in other areas. On the other hand, the dominance of team research outputs and a shift towards team research has been observed in social sciences and …


Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Jan 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Cornell Law Librarians' Publications

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone Jan 2014

Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone

Faculty Publications & Other Works

No abstract provided.


Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland Jan 2014

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

Law Faculty Publications

No abstract provided.


Public Access To Primary Legal Information In China: Challenges And Opportunities, Xiaomeng Zhang Jan 2014

Public Access To Primary Legal Information In China: Challenges And Opportunities, Xiaomeng Zhang

Law Librarian Scholarship

Despite a lack of a national legislation that mandates open government information in the People's Republic of China, each major government branch has taken proactive efforts to make primary legal information issued within their power available to the public. A close examination of Chinese official legal information portals on the national level reveal issues such as a lack of uniformity and a lack of access to authenticated primary legal information. This article proposes a solution that would not only offer more consistent guidelines for the government but would empower the public to assert their right to primary legal information more …


Taking Images Seriously, Elizabeth G. Porter Jan 2014

Taking Images Seriously, Elizabeth G. Porter

Articles

Law has been trapped in a stylistic straitjacket. The Internet has revolutionized media and communications, replacing text with a dizzying array of multimedia graphics and images. Facebook hosts 150 billion photos. Courts spend millions on trial technology. But those innovations have barely trickled into the black-and-white world of written law. Legal treatises continue to evoke Blackstone and Kent; most legal casebooks are facsimiles of Langdell’s; and legal journals resemble the Harvard Law Review circa 1887. None of these influential forms of disseminating the law has embraced — or even nodded to — modern, image-saturated communication norms. Litigants, scholars and courts …


Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner Jan 2014

Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner

Faculty Scholarship

Robert C. Berring has called West Publishing Company’s American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West’s digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring’s scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were …


Hawking Hyphens In Compound Modifiers, Joan Ames Magat Jan 2014

Hawking Hyphens In Compound Modifiers, Joan Ames Magat

Faculty Scholarship

The first principle of legal writing is surely its clarity — visible actors (unless the action matters more), uncluttered syntax, and, of course, logical structure. But the little things can matter to clarity, too — such as deliberate punctuation that signifies. In the language of law, in which compound nouns are rife, the reader can feel adrift as to where modifiers end and the noun begins. (Consider government-subsidized health flexible-spending arrangement without those hyphens.) Hyphens help. Whether an author cares to hyphenate the noun is his call; but hyphenating compound modifiers (also called phrasal adjectives, though they may include adverbs …


Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn Jan 2014

Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn

All Faculty Scholarship

This article outlines the author's experience creating and teaching a specialized legal research course. It includes the reasons for offering such a course, tips for selecting a topic and developing a syllabus, getting the course approved, creating student interest, developing a teaching plan, and evaluating the course.


Government Internet Resources: Federal, State And Local, David E. Matchen Jr. Jan 2014

Government Internet Resources: Federal, State And Local, David E. Matchen Jr.

All Faculty Scholarship

This presentation discusses the basic outlines of federal legal research as well as state and local legal research. Discussion of state and local legal research is limited to Maryland, but many states have comparable systems.


Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer Jan 2014

Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer

Faculty Publications

One of the most important contributions a law school can make is to the development of the law through scholarly research. As one of the three pillars of being an academic-the other two being teaching and service-producing legal scholarship in one's respective area of expertise is an enterprise that nearly all law schools would like to support. However, during these challenging times for legal education arising from enrollment declines and the resultant adverse budgetary impacts, fully supporting legal scholarship can be particularly challenging. Having served as Associate Dean for Research I at Washington & Lee University School of Law ("W …


The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards Jan 2014

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in the typical skills …


Hiding In Plain Sight: "Conspicuous Type" Standards In Mandated Communication Statutes, Mary Beth Beazley Jan 2014

Hiding In Plain Sight: "Conspicuous Type" Standards In Mandated Communication Statutes, Mary Beth Beazley

Scholarly Works

Professor Beazley defines the concept of mandated communication statutes in this examination of typeface, language, and the mind's ability to comprehend certain syntax. This article has a simple premise: when a government mandates written communication, it should present the mandated communication in a way that speeds comprehension. When communication is so important that the government is mandating the words and the presentation method, the writer and not the reader should not bear the burden of making sure that the information is comprehensible. In other words, the reader should not have to work to decipher the information; the writer should work …