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Articles 1 - 30 of 36
Full-Text Articles in Law
Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff
Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff
Articles
Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …
Persuasion Through Citation: Four Ways To Enhance Your Legal Arguments With Proper Legal Citation, Melissa N. Henke
Persuasion Through Citation: Four Ways To Enhance Your Legal Arguments With Proper Legal Citation, Melissa N. Henke
Law Faculty Popular Media
No abstract provided.
Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams
Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams
Faculty Publications
The article advanced this formula for achieving effective appellate advocacy: “First, you seek to persuade the court of the merit of the client’s case, to create an emotional empathy for your position. Then you assist the court to reach a conclusion favorable to the client’s interest in terms of the analysis of the law and the procedural posture of the case.”
Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon
Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon
Faculty Scholarship
The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct …
Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy
Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy
Masters Theses
In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …
Endogenous And Dangerous, Brian N. Larson
Endogenous And Dangerous, Brian N. Larson
Faculty Scholarship
Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments—endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article’s first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far …
Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Folly Of The Embedded Full Citation: How The Bluebook And Alwd Manuals Encourage Weak Legal Writing, Ben Bratman
The Folly Of The Embedded Full Citation: How The Bluebook And Alwd Manuals Encourage Weak Legal Writing, Ben Bratman
Articles
Unfortunately, the two most prominent citation guides for legal writing, the Bluebook and the ALWD Guide to Legal Citation, include provisions allowing legal writers to embed a full citation to legal authority as a grammatical element of a textual sentences. As a result, both beginning and experienced legal writers do not hesitate to burden their sentences with the clutter of full citations. Most dubiously, legal writers far too often begin the topic sentence of a paragraph with the phrase “In [case name],” followed by an embedded citation, thereby wrongly emphasizing the case name instead of the legal principle that the …
To Cite Or Not To Cite: Is That Still A Question, Deborah L. Heller
To Cite Or Not To Cite: Is That Still A Question, Deborah L. Heller
Elisabeth Haub School of Law Faculty Publications
Some states still restrict the citation of unpublished opinions, and the rules among the federal circuits vary slightly as well. This article looks at the history of case publication, the controversy over unpublished opinions, and the current rules related to the citation of unpublished cases.
Basic Bluebooking In Legal Documents, Cynthia Pittson, Deborah L. Heller
Basic Bluebooking In Legal Documents, Cynthia Pittson, Deborah L. Heller
Elisabeth Haub School of Law Faculty Publications
Three tip sheets on basic Bluebooking in legal documents presented as tables. The tables include the relevant rules, formulas for the basic citations, and examples for federal and state cases, federal and state statutes, and secondary sources (law review articles, newspaper articles, books and treatises, and other frequently used sources). These were originally developed by Cynthia Pittson for use in the first-year Legal Skills course at the Elisabeth Haub School of Law at Pace University. They have been updated to the 21st Ed. of the Bluebook by Deborah L. Heller.
Bluebooking Environmental Resources, Deborah L. Heller
Bluebooking Environmental Resources, Deborah L. Heller
Elisabeth Haub School of Law Faculty Publications
Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material. Updated to the 21st Ed. of the Bluebook.
What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford
What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation practices and patterns of the Supreme Court of the United States, the United States Courts of Appeals, and multiple state supreme courts. Remarkably little is known about what probate courts cite. This Article makes three principal claims — one empirical, one interpretative, and one normative. This Article demonstrates through data, derived from a study of all decrees …
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Bluebooking Environmental Resources, Deborah Heller
Bluebooking Environmental Resources, Deborah Heller
Elisabeth Haub School of Law Faculty Publications
Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material.
Measuring Scholarly Impact: A Guide For Law School Administrators And Legal Scholars, Gary M. Lucas Jr
Measuring Scholarly Impact: A Guide For Law School Administrators And Legal Scholars, Gary M. Lucas Jr
Faculty Scholarship
The author intends for this Essay to serve as a guide for law deans and legal scholars interested in measuring the impact of legal scholarship. In addition, university administrators should find it helpful for comparing the impact of their own law faculty’s scholarship with the scholarship of law faculties at other universities. The primary obstacle to such comparisons is a dearth of publicly available information. To that end, the Essay recommends that each law school create a Google Scholar profile for its faculty and explains the procedures for doing so. By acting on this recommendation, administrators would dramatically improve our …
Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland
Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland
Law Faculty Publications
In the mid-1970s, the federal courts of appeals began to issue opinions designated “unpublished” that were not typically published, citable, or accorded any precedential value. Many states followed suit. A great debate ensued questioning the practice, which has consumed considerable academic attention and appellate rulemaking time.1 States continue to vary in their treatment of unpublished opinions and even in the wake of Federal Rule of Appellate Procedure 32.1, intended to provide uniformity, the federal circuits remain inconsistent.
Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood
Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood
Law Faculty Popular Media
In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Research Collection Yong Pung How School Of Law
This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development …
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
All Faculty Scholarship
For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …
Rulemaking As Politics, Thirty Years On, Michael Herz
Rulemaking As Politics, Thirty Years On, Michael Herz
Faculty Articles
No abstract provided.
Citation To Legislative History: Empirical Evidence On Positive Political And Contextual Theories Of Judicial Decision Making, Michael B. Abramowicz, Emerson H. Tiller
Citation To Legislative History: Empirical Evidence On Positive Political And Contextual Theories Of Judicial Decision Making, Michael B. Abramowicz, Emerson H. Tiller
GW Law Faculty Publications & Other Works
We present empirical evidence suggesting that political context—judicial hierarchy and judicial panel dynamics—influences an authoring judge’s use of legislative history. Specifically, we find that to the extent that political ideology matters, a district court judge’s choice of legislative history is influenced, albeit mostly, by (1) the political makeup of the overseeing circuit court and (2) the political characteristics of a judge’s panel colleagues, as well as by the circuit court as a whole. These factors matter more than the authoring judge’s own political-ideological connection to the legislators. Put differently, an authoring judge will have a greater tendency to cite legislative …
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Articles by Maurer Faculty
In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …
Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin
Neutral Citation, Court Web Sites, And Access To Case Law, Peter W. Martin
Cornell Law Faculty Publications
In 1994 the Wisconsin Bar and Judicial Council together urged the Wisconsin Supreme Court to take two dramatic steps with the combined aim of improving access to state case law: 1) adopt a new system of neutral citation and 2) establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a storm, and the Wisconsin court deferred decision on the package. In the years since those events, the background conditions have shifted dramatically. Neutral citation has been endorsed by the AALL and ABA and formally adopted in over a dozen states, including …
Our Law, Their Law, History, And The Citation Of Foreign Law, David J. Seipp
Our Law, Their Law, History, And The Citation Of Foreign Law, David J. Seipp
Faculty Scholarship
The objection to citation of foreign law in U.S. Supreme Court decisions is bad history and bad law. First, let me briefly review how the objection has come to prominence recently. On June 26, 2003, the U.S. Supreme Court decided Lawrence v. Texas, striking down a same-sex sodomy statute. Justice Antonin Scalia, in the course of his dissenting opinion, wrote that the majority's citation of foreign law was "meaningless dicta," "[d]angerous dicta."' He added that the majority's opinion was "the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda."
Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan
Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin
The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin
Articles & Chapters
No abstract provided.
Footnote Citations?, K.K. Duvivier
Footnote Citations?, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Let's face it-legal citations can interrupt the flow of sentences and make them harder to read. In comparison, the widely used Modem Language Association documentation style recommends short parenthetical citations in text that direct readers to a list of authorities at the end: for example, "(Gilli- gan 105)."Another format commonly used in history, art history, and other disciplines is that of the Chicago Manual of Style. The Chicago note style uses raised numerals in the text to refer readers to authorities in endnotes or footnotes. Although such a footnote style is predominant in law reviews, few have advocated it in …
Parallel Citations-Past And Present, K.K. Duvivier
Parallel Citations-Past And Present, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
By quiet decree, the fifteenth edition of the Bluebook changed all of this. The convention of using parallel citations was dropped in every instance except for "state court cases in documents submitted to courts of the state that originally decided them." Parallel citations were no longer required in legal memoranda or law reviews. Furthermore, the fifteenth edition required writers to use only the West version when a single source was listed. This new rule seemed to undermine the value of official citations that traditionally came before the unofficial West versions and suggested a preference for the official source issued by …
A New Bluebook, K.K. Duvivier
A New Bluebook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.