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Legal Writing and Research

2008

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Articles 1 - 30 of 76

Full-Text Articles in Law

The Case For Collaborative Tools, Lucie Olejnikova Dec 2008

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.


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

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 …


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.


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.


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.


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 Library …


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.


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 technologies …


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.


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.


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.


Implementing Bepress' Digital Commons Institutional Repository Solution: Two Views From The Trenches, Carol A. Watson, James M. Donovan, Pamela Bluh Jun 2008

Implementing Bepress' Digital Commons Institutional Repository Solution: Two Views From The Trenches, Carol A. Watson, James M. Donovan, Pamela Bluh

Institutional Repository Supporting Materials

Librarians from the University of Georgia Law Library and University of Maryland Law Library will discuss their experiences implementing Digital Commons' institutional repository product. Issues to be considered includes... - Creating a business plan to persuade law school administrators to establish an institutional repository -- how to justify the expenditure, distinguishing Digital Commons from SSRN, choosing Digital Commons rather than an open source solution - Obtaining content for the repository -- promoting the repository, building buy-in from contributors, establishing content policies, determining types of materials to be included in the repository, self-archiving versus mediated archiving - Copyright permissions -- appending …


What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates May 2008

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …


Using Open Access To Increase Personal Internet Presence, James M. Donovan Apr 2008

Using Open Access To Increase Personal Internet Presence, James M. Donovan

Institutional Repository Supporting Materials

Discusses ways to raise internet profile by taking advantage of open access scholarship opportunities


Teaching In Practice: Legal Writing Faculty As Expert Writing Consultants To Law Firms, Kathleen Elliott Vinson, E. Joan Blum Apr 2008

Teaching In Practice: Legal Writing Faculty As Expert Writing Consultants To Law Firms, Kathleen Elliott Vinson, E. Joan Blum

Suffolk University Law School Faculty Works

As experts in the pedagogy and substance of legal writing, full-time legal writing faculty who serve as writing consultants to law firms help fill an increasing need for training and support of lawyers. In addition to providing a direct benefit to lawyers and their firms, this practice benefits the legal academy by providing fresh ideas for teaching and scholarship. This article discusses generally the practice of legal writing consulting in law firms by full-time legal writing faculty. The article provides background in theory and practice, addressing why law firms seek outside consultants for this type of training and support and …


Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins Apr 2008

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Law Faculty Articles and Essays

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)


Sovereignty As Discourse, Robert L. Tsai Apr 2008

Sovereignty As Discourse, Robert L. Tsai

Faculty Scholarship

This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.


Readability Studies: How Technocentrism Can Compromise Research And Legal Determinations, Louis J. Sirico Jr. Feb 2008

Readability Studies: How Technocentrism Can Compromise Research And Legal Determinations, Louis J. Sirico Jr.

Working Paper Series

One way to determine whether consumers understand a document is to use a readability formula to assign it a score. These formulas calculate readability by counting such variables as the number of words and syllables in a passage or document. The idea of readability formulas has been defined as “an equation which combines those text features that best predict text difficulty. The equation is usually developed by studying the relationship between text features (e.g., words, sentences) and text difficulty (e.g., reading comprehension, reading rate, and expert judgment of difficulty).” Even though readability formulas are mechanical and imperfect, they are easy …


Why Re-Invent The Wheel? Utilize Appellate Court Briefs Databases, Emily Janoski-Haehlen Feb 2008

Why Re-Invent The Wheel? Utilize Appellate Court Briefs Databases, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.


The Ownership Delusion: When Law Libraries "Buy" Electronic Documents, Are They Getting More, Or Simply Paying More?, Simon Canick Feb 2008

The Ownership Delusion: When Law Libraries "Buy" Electronic Documents, Are They Getting More, Or Simply Paying More?, Simon Canick

Faculty Scholarship

This article explores the issues surrounding electronic document ownership in academic libraries. It discusses the guidelines of AALL with regard to licensing electronic materials, and how it measures up to what vendors are willing to offer. The author takes a critical stance on who benefits from the electronic document ownership agreements.


More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner Feb 2008

More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner

All Faculty Scholarship

Foreign experiences remind us that legal education is not just law school. They inform us that we should seek for ways not just to integrate theoretical and practical teaching, but to assure that our students or our graduates get real experience with practice. The assumption that law schools are the exclusive place for preparation for the profession of law is bad for students, bad for bar, bad for law schools, bad for the legal system and bad for society. We should look to see what we can do best and should encourage other institutions to do what they can do …


Alabama, Timothy L. Coggins Jan 2008

Alabama, Timothy L. Coggins

Law Faculty Publications

A report on the state of Alabama's authentication of online legal resources, the first update was recorded in 2007.


See Erie: Critical Study Of Legal Authority, Kris Franklin Jan 2008

See Erie: Critical Study Of Legal Authority, Kris Franklin

Articles & Chapters

No abstract provided.


Policy And Methods: Choices For Legislatures, James Maxeiner Jan 2008

Policy And Methods: Choices For Legislatures, James Maxeiner

All Faculty Scholarship

The legal methods through which one adopts and implements policy decisions profoundly affect the compatibility of policy implementation with democratic legitimacy and legal certainty of the rule of law. Indeed, the choice of legal methods can be as important as the formulation of the policy itself. While a good choice of methods will not heal a bad policy, it can help assure that a less-than-perfect choice of policy can be more forcefully realized than otherwise, it can also help improve the policy choices made and help protect democratic legitimacy and the rule of law. While deficiencies in legislation or in …


Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson Jan 2008

Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …


Concurrence, Posner-Style: Ten Ways To Look At The Concurring Opinions Of Judge Richard A. Posner, Robert F. Blomquist Jan 2008

Concurrence, Posner-Style: Ten Ways To Look At The Concurring Opinions Of Judge Richard A. Posner, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Thre Dreaded Bluebook, Mary Whisner Jan 2008

Thre Dreaded Bluebook, Mary Whisner

Librarians' Articles

The Bluebook is reviled by many as confusing, arcane, and nitpicky. And some of those who are stumped and intimidated by the Bluebook come to reference librarians asking for help. Thus we are presented with a wonderful opportunity to serve (while building our credibility and earning our patrons' thanks). But of course we must first get past our own Bluebook anxiety.


Words On Whitebread, Jeremiah A. Ho Jan 2008

Words On Whitebread, Jeremiah A. Ho

Faculty Publications

In the fall of 2007, I had the distinction of being the executive editor at Whittier Law Review to supervise the editing of Professor Whitebread's compendium of the U.S. Supreme Court's 2006-2007 term - what is now his final piece for our law review. It was both challenging and rewarding to start my law review job working on this lengthy article constructed by a prolific legal scholar.