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Full-Text Articles in Law
Trouble At Home, Daniel Manne
Trouble At Home, Daniel Manne
Daniel Manne
In her Jacob Prize 2009 award-winning book, At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy, Harvard Law School Professor Jeannie Suk mounts a sustained argument to the effect that under the guise of protecting women, coercive state power has weaseled its way into the hitherto sacred area of the home. Unfortunately, Professor Suk makes a number of errors in her book, including misreporting cases, misrepresenting statutes, and misunderstanding the law. Because so little is written in the area of domestic violence, it is critical to correct these errors before they have an effect on policy. …
What Do Kim Kardashian And Lance Armstrong Have In Common?: Celebrity Complaints In The Classroom, Amy K. Langenfeld
What Do Kim Kardashian And Lance Armstrong Have In Common?: Celebrity Complaints In The Classroom, Amy K. Langenfeld
Amy K Langenfeld
Every day brings a report of a celebrity suing or being sued. The complaints initiating these suits are available online within hours. Regardless of the merits or outcomes of these complaints by or against celebrities, celebrity complaints are a rich source of samples for the law school classroom. As supplements to course materials in civil procedure or legal writing, celebrity complaints are likely to generate discussion for several reasons. First, they show a range of strategies and persuasive writing techniques. Second, they engage students because they are real world documents, and because they have a pop culture setting. Third, they …
Why Roe V. Wade Is Wrong, Richard Maloy
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy Rapoport
Nancy B. Rapoport
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
Christopher R Trudeau
Most attorneys agree that writers need to tailor their writing to a particular audience. This just makes sense. So it is not a stretch to argue that to convey a clear message to a client, attorneys should use plain language. But there is little empirical data supporting the public’s preference for plain language. Rather, most sources largely rely on anecdotal evidence to prove this point. Therefore, in 2011, I conducted a study to help measure many of the following unanswered questions: to what degree does the public prefer plain language over traditional legal language? How do people react when they …
The Count's Dilemma, Or, Harmony And Dissonance In Legal Language, Ian Gallacher
The Count's Dilemma, Or, Harmony And Dissonance In Legal Language, Ian Gallacher
Ian Gallacher
Lawyers have had a long, but ambivalent, relationship with metaphor. Viewed by some as a mere literary device, a trick of language that "adds little of substance to an argument," metaphor is seen by others as an essential component of legal language, a rhetorical device inseparable from thought. On one thing, though, all can agree: lawyers only have words to express their thoughts, so they have an obligation to use words, whether used metaphorically or not, as exactly as possible. This article offers a critique of the way lawyers meet this obligation when they use metaphors based in musical language. …
Note: Guiding The Modern Lawyer Through A Global Economy: An Analysis On Outsourcing And The Aba's 2012 Proposed Changes To The Model Rules, Patrick Poole
Patrick Poole
Over the last few decades, the dramatic changes that have occurred in the global economy have similarly altered the landscape for outsourced work both domestically and internationally. One study estimates that as many as 3.3 million white-collar jobs could be shipped abroad by 2015. This growing trend has also substantially affected the unique nature of the legal field. For the past year and a half, the American Bar Association (ABA) Ethics 20/20 Commission has been considering changes to the Model Rules of Professional Conduct as they relate to domestic and international outsourcing. The revision process has included soliciting input from …