Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
The Bahd Of New England: Citing Shakespeare In The First Circuit, Eugene L. Morgulis
The Bahd Of New England: Citing Shakespeare In The First Circuit, Eugene L. Morgulis
Eugene L. Morgulis
This paper explores the ways in which judges in federal and state courts within the geographical region of the First Circuit have used the works and words of William Shakespeare to enhance their opinions. It not only exhaustively catalogs the plays and quotations that judges have cited since the 19th century, but it also analyzes the ways in they are used, discusses how they add or detract from opinions, and compares the use of Shakespeare to other authors commonly cited.
On-Line Legal Research Workshops, Frederick B. Jonassen
On-Line Legal Research Workshops, Frederick B. Jonassen
Frederick B. Jonassen
Like riding a bicycle, playing tennis, or driving a car, legal research is a skill, and like any other skill it is learned by doing and not by listening to a lecture, though lectures are indispensable for introducing the skill. The mental processes applied in electronic legal research may differ from those applied to book legal research, but because both electronic and book research are skills, a guided workshop in electronic legal research may be based on similar principles to that underlying a workshop in book legal research with appropriate modifications.
The aspects of the electronic legal workshop proposed here …
Citing Outside The Law Reports: Citations Of Secondary Authorities On The Australian State Supreme Courts Over The Twentieth Century, Russell Smyth
Citing Outside The Law Reports: Citations Of Secondary Authorities On The Australian State Supreme Courts Over The Twentieth Century, Russell Smyth
Russell Smyth
The purpose of this study is to examine trends in citations of secondary authorities in the six Australian State Supreme Courts based on decisions reported in the official state reports at decade intervals between 1905 and 2005. The main conclusions from the study are that citations of secondary authorities have increased over time; the State Supreme Courts cite fewer secondary authorities than the High Court; most citations of secondary authorities are to legal sources; and of the legal secondary authorities cited, the State Supreme Courts cites far fewer journal articles than legal texts. The study considers the implications of these …
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline Lipton
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline Lipton
Jacqueline D Lipton
Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …
Integrating Wholesale Restorative Justice Within Irish Society; Issues And Considerations Facing Policymakers, Martin G. Haverty
Integrating Wholesale Restorative Justice Within Irish Society; Issues And Considerations Facing Policymakers, Martin G. Haverty
Martin G Haverty
Restorative Justice has grown from a few scattered experimental projects, into a social movement and an identifiable field of practice and study. While restorative justice is provided for within the Irish criminal justice system, its application is confined under statute to juvenile offenders. The National Commission on Restorative Justice are now in the process of evaluating how a national roll out of restorative justice might be achieved within the jurisdiction. In this article the main challenges facing the National Commission on Restorative Justice (Ireland) will be outlined, particularly having regard to their terms of reference. The article will also explore …
Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister
Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister
Paul D. Callister
The difference between expert and novice problem-solvers is that experts have organized their thinking into schemata or mental constructs to both see and solve problems. This article demonstrates why schemata are important, arguing that schemata need to be made explicit in the classroom. It illustrates the use of schemata to understand and categorize complex research problems, map the terrain of legal research resources, match appropriate resources to types of problems, and work through the legal research process. The article concludes by calling upon librarians and research instructors to produce additional schemata and develop a common hierarchical taxonomy of skills, a …
Now You See It, Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard
Now You See It, Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard
Patricia A Broussard
This article takes a "light-hearted" approach to dealing with vanishing websites that have been used as footnotes in legal scholarship. It pokes a bit of fun at scholarship, but ultimately offers some solutions to the problem of vanishing websites.