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Articles 1 - 30 of 104
Full-Text Articles in Law
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
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.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
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.
Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian
Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian
Michigan Telecommunications & Technology Law Review
The purpose of this research guide is not to answer the question "What remedies are available to an owner of computer related technology whose rights have been infringed?" but to provide a methodology by which a legal practitioner can find the answer to this question. This guide sets forth materials and methods of research that can be used for an inquiry that is broad in scope, such as researching which legal scheme's remedial component best suits a client's technology, but that are also capable of being used for a narrow or limited inquiry, such as looking for specific remedies available …
Preface, J. Thomas Sullivan
Preface, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
The Journal of Appellate Practice and Process
No abstract provided.
Neglecting The National Memory: How Copyright Term Extensions Compromise The Development Of Digital Archives, Deirdre K. Mulligan, Jason M. Schultz
Neglecting The National Memory: How Copyright Term Extensions Compromise The Development Of Digital Archives, Deirdre K. Mulligan, Jason M. Schultz
The Journal of Appellate Practice and Process
No abstract provided.
From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky
From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky
The Journal of Appellate Practice and Process
No abstract provided.
Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford
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.
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Michigan Law Review
In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
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.
Teaching Lawyers How To Perform: Legal Citation In Montana, Stacey L. Gordon
Teaching Lawyers How To Perform: Legal Citation In Montana, Stacey L. Gordon
Faculty Journal Articles & Other Writings
No abstract provided.
A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder
A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
The Rhetoric Of Constitutional Law, Erwin Chemerinsky
The Rhetoric Of Constitutional Law, Erwin Chemerinsky
Michigan Law Review
I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …
Top 10 Tips On Writing For Professional Journals, Frank G. Houdek
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
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 …
Law Reviews And Academic Debate, Erik M. Jensen
Law Reviews And Academic Debate, Erik M. Jensen
Washington Law Review
This essay makes a simple point: When a law review publishes an article, the editors should be willing both to publish responses to that article and to give the author a chance to reply to critics. This shouldn't be a controversial principle, but, for far too many reviews today, it's not standard procedure.
Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier
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
Foreword, Jeffrey S. Lehman
Foreword, Jeffrey S. Lehman
Michigan Law Review
Why celebrate? Some people hate law reviews. They would think it unseemly to celebrate a centennial such as this. They might compare it to a 1448 celebration of the first hundred years of the Bubonic Plague. Their criticisms are familiar. Why do we entrust the development of the scholarly canon to second- and third-year law students? Why do law reviews publish really bad things and reject really good things? Why do they encourage a style of argument in which each article must begin by summarizing all that has been written before? Why do they insist that any assertion of fact, …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Foreword: Interdisciplinarity, Kathleen M. Sullivan
Foreword: Interdisciplinarity, Kathleen M. Sullivan
Michigan Law Review
In the beginning, there was law. Then came law-and. Law and society, law and economics, law and history, law and literature, law and philosophy, law and finance, statistics, game theory, psychology, anthropology, linguistics, critical theory, cultural studies, political theory, political science, organizational behavior, to name a few. The variety of extralegal disciplines represented in the books reviewed in this issue attests to this explosion of perspectives on the law in legal scholarship. This development makes clear that the vocation of the legal scholar has shifted from that of priest to theologian. No longer is a law professor successful by virtue …
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
The Journal of Appellate Practice and Process
No abstract provided.
From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett
From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
Meet Mortimer Levitan, D. P. Marshall Jr.
Meet Mortimer Levitan, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
No abstract provided.
Confidential Chat On The Craft Of Briefing, Mortimer Levitan
Confidential Chat On The Craft Of Briefing, Mortimer Levitan
The Journal of Appellate Practice and Process
This essay offers advice for writing briefs focusing on the readability rather than the content of brief writing. A light-hearted tone is used that entertains while informing.
Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer
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.