Law Commons^™

Background Primer For Discussion On Diversity Within The Legal Profession, James M. Donovan

James M. Donovan

Despite its easy use in ordinary conversation, the details of what is meant when a speaker raises questions relating to “diversity” can be more complicated that they at first appear. The materials included here seek to map the more predominant landmarks on that intellectual landscape.

The Open Access Advantage For American Law Reviews, James M. Donovan, Carol A. Watson, Caroline Osborne

James M. Donovan

Open access legal scholarship generates a prolific discussion, but few empirical details have been available to describe the scholarly impact of providing unrestricted access to law review articles. The present project fills this gap with specific findings on what authors and law reviews can expect.

Articles available in open access formats enjoy an advantage in citation by subsequent law review works of 53%. For every two citations an article would otherwise receive, it can expect a third when made freely available on the Internet. This benefit is not uniformly spread through the law school tiers. Higher tier journals experience a …

Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Carol E. Jordan

Carol E. Jordan

Over many decades, domestic violence statistics have consistently revealed that women from a wide variety of backgrounds are victimized, though the rate of victimization varies depending on a woman’s particular characteristics. Despite this consistency, past and present approaches to domestic violence have failed to attend to the diverse realities of victims. Advocates and researchers first devoted their efforts toward conveying the message that while any woman could potentially become a victim of domestic violence, no woman should become a victim. They then focused on creating laws and policies granting victims greater access to the legal system and making the justice …

Law, Legitimacy, And The Maligned Adverb, James M. Donovan

James M. Donovan

The standard rules for good writing dictate that adverbs should be avoided. They undermine the effectiveness of the text and detract from the author’s point. Lawyers have incorporated this general rule, leading them not only to avoid adverbs in their own writings but also to overlook them in the writings of others, including statutes. However, as philosopher Michael Oakeshott has argued, law happens not in the rules but in the adverbs. Through its adverbs the law allows moral space for the citizen to consent to the social order, rather than merely conforming to an imposed command to comply. To become …