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Legal Writing and Research

2008

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Articles 1 - 30 of 139

Full-Text Articles in Law

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder Dec 2008

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder Dec 2008

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


The Case For Collaborative Tools, Lucie Olejnikova Dec 2008

The Case For Collaborative Tools, Lucie Olejnikova

Pace 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.


Uncertainty Revisited: Legal Prediction And Legal Postdiction, Ehud Guttel, Alon Harel Dec 2008

Uncertainty Revisited: Legal Prediction And Legal Postdiction, Ehud Guttel, Alon Harel

Michigan Law Review

Legal scholarship, following rational-choice theory, has traditionally treated uncertainty as a single category. A large body of experimental studies, however, has established that individuals treat guesses concerning the future differently than guesses concerning the past. Even where objective probabilities and payoffs are identical, individuals are much more willing to predict a future event (and are more confident in the accuracy of their predictions) than they are willing to postdict a past event (and are also less confident in the accuracy of their postdiction). For example, individuals are more willing to bet on the results of a future die toss than ...


Liberdade, Ética E Direito, Paulo Ferreira Da Cunha Nov 2008

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.


Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder Nov 2008

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder Nov 2008

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz Nov 2008

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz

Michigan Law Review

This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction ...


Am I Obsolete? How Customer Service Principles Ensure The Library's Relevance, Mark P. Bernstein Oct 2008

Am I Obsolete? How Customer Service Principles Ensure The Library's Relevance, Mark P. Bernstein

Mark P. Bernstein

No abstract provided.


Do's, Dont's, And Maybes: Legal Writing Punctuation—Part Ii, Gerald Lebovits Oct 2008

Do's, Dont's, And Maybes: Legal Writing Punctuation—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder Oct 2008

U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Putting It All Together: Law Schools' Role In Improving Appellate Practice, Stella J. Phillips Oct 2008

Putting It All Together: Law Schools' Role In Improving Appellate Practice, Stella J. Phillips

University of Arkansas at Little Rock Law Review

Lawyers make four critical mistakes in current appellate practice. First, many appellants' lawyers do not seem to understand that only some orders may be appealed. Second, appellants often lose their appeals because of the issues about which they argue have not been preserved in the lower court for appellate review. Third, many appellants are unsuccessful because they frame their argument without reference to the appropriate standard of review. Finally, the pressure of client’s expectations and filing deadlines often leads lawyers to become careless when preparing their briefs.

Appellants must know and adhere to court rules about the content, composition ...


Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler Oct 2008

Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler

UF Law Faculty Publications

In Florida, direct democracy at the state level consists entirely of the initiative method of amending the State constitution. This constitutional provision was partly a response to the State’s history of obstacles to affording equitable legislative representation to all its citizens, a struggle with roots dating back to the Reconstruction era. The State constitution, governing statutes and regulations, and the Division of Elections Web site serve as the primary sources of information and guidance for those interested in the process of amending the State constitution by citizen-sponsored initiative.


". . . See Erie.": Critical Study Of Legal Authority, Kris Franklin Oct 2008

". . . See Erie.": Critical Study Of Legal Authority, Kris Franklin

University of Arkansas at Little Rock Law Review

Good citation requires critical analysis because well-supposed legal analysis requires a layered understanding of how legal authority may be used in different ways. Simultaneously, it demands good judgment in making the best decisions about how to introduce and employ the relevant cases on a particular case. Teaching how to cite legal authorities includes framing because all legal authorities are potential tools for argument. In deciding whether and how to deploy cases, statutes, and other forms of legal authority, advocates must resolve two interrelated questions in rapid sequence:

1. Can I frame or characterize the authority in question in a particular ...


Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan Oct 2008

Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan

All Faculty Scholarship

The legal academy has framed legal research as a professional skill, and much research pedagogy centers around replicating a controlled professional environment to allow students to learn how to do research by simulating legal practice. Although this is a valid way to conceptualize research, it is not the only way. Another way to conceptualize research is as a consumer transaction. Legal information is, in many ways, a product that information providers market to lawyers and students, as the promotions and contests that LexisNexis and Westlaw sponsor demonstrate. Once legal information is understood as a product, the process of research can ...


Electronically Manufactured Law, Katrina Fischer Kuh Oct 2008

Electronically Manufactured Law, Katrina Fischer Kuh

Pace 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 ...


Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis Sep 2008

Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis

Nicos Trimikliniotis

Outside southern Africa little attention has been given to the lively debates, particularly within South Africa, about migration, economic integration, racism/xenophobia and exclusion. After the collapse of apartheid the Southern African Development Community (sadc) developed initiatives on regional co-operation on population movement in a far-reaching 1995 Draft Protocol on Free Movement. However, the post-apartheid South African state was concerned solely with free trade and, with the support of other regional players, managed to halt the Protocol. The processes of neoliberal regional integration, socioeconomic transformations, poverty and inequality, as well as the political turmoil in countries of the sub-Saharan region ...


Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis Sep 2008

Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis

Nicos Trimikliniotis

Kατεδαφιζόμεθα ή καταρρέει ένα ιδεολόγημα Στο απόηχο της πρώτης και σ’ αναμονή της δεύτερης συνάντησης των δύο ηγετών, του κ. Χριστόφια και κ. Ταλάτ, «ξέσπασε» ή μάλλον «κατασκευάστηκε» από κάποια μίντια (και τις εμπρηστικές δηλώσεις από διάφορους) μια έξαλλη «συζήτηση» γύρω από την εγκύκλιο του Υπουργού Παιδείας. Μάλλον καταλάγιασε, προσωρινά τουλάχιστον, αλλά θα σιγοκαίει καθώς προχωρούν οι συνομιλίες. «Αλλού μας τρώει» λοιπόν… Αξίζει ωστόσο να πάρουμε κάτι από τις αντιδράσεις από μια εγκύκλιο που λέει τα αυτονόητα, κι απλά θέλει να εφαρμόσει στην πράξη αυτά που προφανώς ψευδώς διακηρύσσαμε. Γι’ αυτό και παίρνουμε στα σοβαρά τα τραγελαφικά που ζούμε κι ...


Bluebook, Citations, And All That Jazz, Frederick W. Dingledy Sep 2008

Bluebook, Citations, And All That Jazz, Frederick W. Dingledy

Library Staff Publications

No abstract provided.


In Search Of Disappearing Information: Strategies For Preserving Access To Federal Documents On The Web, Meg Butler Sep 2008

In Search Of Disappearing Information: Strategies For Preserving Access To Federal Documents On The Web, Meg Butler

Faculty Publications By Year

No abstract provided.


The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder Aug 2008

The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Going Beyond Google: Researching News Online, Emily M. Janoski-Haehlen Aug 2008

Going Beyond Google: Researching News Online, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Miroslav Petricek And The Quest For A New Ontology Of Information, Sasha Skenderija Jul 2008

Miroslav Petricek And The Quest For A New Ontology Of Information, Sasha Skenderija

Cornell Law Faculty Working Papers

Research and academic libraries, as well as academic publishers, belong to the sub-category of the infosphere known as “Institutions of Knowledge.” Libraries, however, have made few contributions to the development and utilization of the Internet, and now face a situation in which Google is replacing libraries as the primary research destination of scholars and students. The theories of leading Czech contemporary philosopher, Miroslav Petricek, may provide a construct for better understanding such developments and providing pathways for situating and developing library products and services within these new infosphere realities.


Law Library 2.0: New Roles For Law Librarians In The Information Overload Era, Sasha Skenderija Jul 2008

Law Library 2.0: New Roles For Law Librarians In The Information Overload Era, Sasha Skenderija

Cornell Law Faculty Working Papers

WWW has rapidly evolved from a technological into a social medium. Web 2.0 has become a metaphor for the distributed and decentralized collaboration networks on a global scale. With the recent trends of new media development, the sources available have reached a critical mass resulting in an unprecedented information overload. The urgent challenge to all information professionals, in this case law librarians, is no longer availability and direct provision of resources, but rather the filtering and highlighting the ubiquitous Infosphere. The recent transformation of legal information has had more drastic consequences than in many other cases. The Cornell Law ...


Where Web 2.0 And Legal Information Intersect: Adjusting Course Without Getting Lost, Matthew M. Morrison Jul 2008

Where Web 2.0 And Legal Information Intersect: Adjusting Course Without Getting Lost, Matthew M. Morrison

Cornell Law Faculty Working Papers

For more than a century, the process of legal research remained unchanged. This process was rooted in an established legal information structure. The law was published in standard texts, such as the West reporters, annotated codes, treatises, and the West Key Number Digest. While the advent of computer-assisted legal research was a departure from the print-based model, it did not fundamentally change the structure of legal information or the nature of authority. In fact, in its conservative beginnings, computer-assisted legal research provided a mere format shift as case texts were transcribed to simple online databases. More recently, Web 2.0 ...


A Law Library Journal Centennial Timeline: Highlights From One Hundred Years Of Llj History, Frank G. Houdek Jul 2008

A Law Library Journal Centennial Timeline: Highlights From One Hundred Years Of Llj History, Frank G. Houdek

Publications

Professor Houdek provides a time line highlighting events, actions, and individuals that have played prominent roles in the nearly hundred-year history of Law Library Journal.


Current Awareness Alerts Make The Internet Revolve Around You, James M. Donovan Jul 2008

Current Awareness Alerts Make The Internet Revolve Around You, James M. Donovan

Articles, Chapters and Online Publications

The Internet is a constantly evolving source of information for the busy lawyer, and current awareness services can collect all the information you want to routinely see and present it to you in a convenient format.


Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins Jul 2008

Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins

Law Faculty Articles and Essays

In 2006, the American Bar Association (ABA) published its Legal Technology Survey Report, which included a volume on Online Research. In the report, attorneys responded that 91% are conducting at least some of their research online. Though 39% report that they start their research using a fee-based service like Westlaw or Lexis, the report shows that even those who start their research with a fee-based resource eventually get it right-87% of attorneys report using some free online resources at some point over the course of a research project.


The Importance Of Teaching Statutes, E. Joan Blum Jun 2008

The Importance Of Teaching Statutes, E. Joan Blum

E. Joan Blum

No abstract provided.


Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis Jun 2008

Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis

Nicos Trimikliniotis

[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over the ...