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Legal Writing and Research

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Full-Text Articles in Law

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

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The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh Sep 2006

Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh

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This article compares standards for promotion and retention of legal writing faculty on a clinical tenure track. The article provides a brief history of legal writing professionals and examines specific employment criteria such as teaching, service, and scholarship. The article makes recommendations regarding those criteria based upon an assessment of institutional realities and the historical development of the profession.


Teaching In Reverse: A Positive Approach To Analytical Errors In 1l Writing, Lesley S. Kagan, Susan E. Provenzano Sep 2006

Teaching In Reverse: A Positive Approach To Analytical Errors In 1l Writing, Lesley S. Kagan, Susan E. Provenzano

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No abstract provided.


Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks., Jessica E. Price Sep 2006

Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks., Jessica E. Price

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In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a practical way, attempting to pass on their own experiences in law practice settings to students. Unfortunately, as other writers have observed, such reliance on personal knowledge about “what lawyers are like” may lead legal writing teachers to oversimplify a complicated matter – the needs and preferences of the audience for legal writing – and may even amount to indoctrination in stereotypes about law practice. This article offers a closer look than ...


Learning To Writing In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher Aug 2006

Learning To Writing In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher

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Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time ...


The Clinical Divide: Overcoming Barriers To Collaboration Between Clinics And Legal Writing Programs, Sarah O. Schrup Aug 2006

The Clinical Divide: Overcoming Barriers To Collaboration Between Clinics And Legal Writing Programs, Sarah O. Schrup

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Increased communication between legal research and writing (“LRW”) programs and clinical programs is desirable because it provides students with a seamless learning experience, enhances faculty teaching in both departments, and creates opportunities for collaboration that benefits a law-school community generally. But barriers presently exist that hinder collaboration. Specifically, barriers that impact collaboration and integrated learning between LRW and clinical programs stem from: (1) differences in the development of the two disciplines and the resultant differences in teaching methodologies; and (2) other practical barriers including physical separation, status issues, lack of communication, competing demands within the law school and the reality ...


Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law, Ian Gallacher Aug 2006

Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law, Ian Gallacher

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This article looks at the phenomenon of legal citation and its unintended consequences. After considering the reasons for the American legal system’s devotion to precisely accurate and detailed citations and the history of American legal citation, the article looks at the effect the bibliographical orthodoxy promoted by the two leading citation manuals – The Bluebook and the ALWD Manual – has on open access to the law.

In particular, the article looks at how the required common law citation format prescribed by both of these manuals helps to consolidate the market position of West and LexisNexis, the duopoly of legal publishing ...


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

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This brief comment suggests where the anti-eminent domain movement might be heading next.


Economic Analysis Of Law And Economics, Oren Gazal-Ayal May 2006

Economic Analysis Of Law And Economics, Oren Gazal-Ayal

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The academic world is wonderful. Like few other professionals, we can choose what we want to do and what questions we think are important, which in our line of work means choosing what topics we want to research. But what influences our choices? This paper examines what drives scholars to select Law and Economics (L&E) as a topic for research. It does so by implementing the methodology of many L&E papers – by assuming that regulation and incentives matter.

Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, promotion and tenure encourage legal scholars to concentrate on L&E. In others, they strongly discourage such research. Thus, we should expect wide variation in the rate of participation of legal scholars in the L&E discourse across countries. On the other hand, economists are evaluated with similar yardsticks everywhere. Thus, participation of economists in the Law and Economics discourse is likely to vary much less from one place to another.

The hypothesis of this paper is that the academic incentives are a major factor in the level of participation in the L&E scholarship. This "incentives hypothesis" is presented and then examined empirically on data gathered from the list of authors in L&E journals and the list of participants in L&E conferences. The data generally supports the hypothesis. In the legal academia, the incentives to focus research on L&E topics are the strongest in Israel, they are weaker in North America and weakest in Europe. In fact, the data reveal that lawyers' authorship of L&E papers weighted by population is almost ten times higher in Israel then in North America; while in Europe it is almost ten times lower then in North America. By comparison, the weighted participation level of economists – who face relatively similar academic environments across countries – in L&E research is not significantly different across countries.


Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek Mar 2006

Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek

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In 2001, the American Bar Association amended the Standards for Accreditation of Law Schools to require, for the first time, a “rigorous writing experience after the first year.” During the summer of 2004 the author conducted a nationwide survey to determine how law schools responded to this change. The author found that most schools did little more than to require students to take at least one course which was evaluated by means of an academic paper rather than an examination. The author concludes that this is probably not the response the ABA had hoped for, but suggests that a 2005 ...


Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe Nov 2005

Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe

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This article advocates that law schools should provide bar exam preparation for students, including instruction regarding effective writing for bar exams. Using the reader expectation approach and considering the unique conventions of the legal profession's discourse community as a theoretical backdrop, this article examines effective writing for bar exams. It also provides practical recommendations for instructing students to write effective bar exam answers.


Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki Sep 2005

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

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The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

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No abstract provided.


The Quandary Of Serving Multiple Masters: An Institutional Exploratory Analysis Of Publishing In Business Law, Robert S. Rubin, John R. Olson, Laura Hartman, James A. Belohlav Dec 2004

The Quandary Of Serving Multiple Masters: An Institutional Exploratory Analysis Of Publishing In Business Law, Robert S. Rubin, John R. Olson, Laura Hartman, James A. Belohlav

ExpressO

Notwithstanding published articles on the nature and quality of research and scholarship in practically every other business discipline, to date there has been little systematic evaluation of relevant journals in the business law discipline. This deficiency is due, in part, to the fact that business law may still be described as a developing discipline. Thus, the focus of this article is on delineating the nature of research and scholarship within the business law discipline. Specifically, the publishing practices of business law faculty from academic institutions that were members of the Association to Advance Collegiate Schools of Business (AACSB International), the ...