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Articles 1 - 30 of 39
Full-Text Articles in Law
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
All Faculty Scholarship
Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.
Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill
Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill
Presentations
No abstract provided.
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Cornell Law Faculty Working Papers
This bibliography collects and organizes citations to dissertations, chapters in books, journal articles, legislative materials, books, and book reviews from 1980 forward that analyze the effect of victim impact statements in capital cases. The main purpose of the bibliography is to present citations to empirical studies and quantitative evaluations of victim impact statements in the United States and other countries. Because there are few reported empirical studies, the bibliography also contains references to articles that provide qualitative analyses of victim impact statements in criminal trials and of participatory rights of victims in the justice process in general.
Exam Writing As Legal Writing: Teaching And Critiquing Law School Examination Discourse, Adam Todd
Exam Writing As Legal Writing: Teaching And Critiquing Law School Examination Discourse, Adam Todd
School of Law Faculty Publications
This article adds to the growing body of scholarship on legal writing and its role in the legal academy. It addresses an area of legal discourse that is of importance to law students, the legal academy and the bar admissions process, yet has been neglected in legal scholarship. The article is a call for legal writing faculty members and other legal writing specialists to become more involved in the process of teaching about and critiquing the discourse involved in traditional end-of-semester doctrinal law school exams. This article suggests how law school legal writing programs, by deliberately teaching about exam writing ...
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Faculty Scholarship
No abstract provided.
Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg
Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg
Librarians' Articles
This research guide identifies and describes 163 books, periodicals, reference tools, databases, electronic discussion groups, organizations, and U.S. government agencies useful to the elder law practitioner and the legal researcher. Appendices include a state-by-state list of state aging agencies, bar association committees and sections, law school courses and clinics, and publications; acronyms; and subject headings and a index terms used in library catalogs, periodical indexes, and related sources.
Researching Outside The Box, Mary Whisner
Researching Outside The Box, Mary Whisner
Librarians' Articles
Ms. Whisner demonstrates that many law-related projects require law students and lawyers to use skills that are outside the core legal research skills which they learn early in law school. She argues that law librarians need to be familiar with the skills and sources of disciplines other than the law and be prepared to guide-or push if necessary-patrons outside the box when appropriate.
Re: Memos, Mary Whisner
Re: Memos, Mary Whisner
Librarians' Articles
Reflecting on the written memo librarians frequently use to transmit research results, Ms. Whisner offers her thoughts on its purposes, style, and format. She also contributes an annotated checklist of tips for writing such memos.
These Are A Few Of My Favorite Books, Mary Whisner
These Are A Few Of My Favorite Books, Mary Whisner
Librarians' Articles
Prompted by a beginner's wish to hear more about outstanding reference tools, Ms. Whisner describes three of her favorites: Statistical Abstract of the United States, International Lawyer's Deskbook, and West's Analysis of American Law.
Ending Child Labor: A Role For International Human Rights Law (With Meron Makonnen), James J. Silk, Meron Makonnen
Ending Child Labor: A Role For International Human Rights Law (With Meron Makonnen), James J. Silk, Meron Makonnen
Faculty Scholarship Series
All over the world, children are weaving carpets, cutting and polishing
precious stones, assembling shoes, cutting and sewing garments, mining for
diamonds, gold, silver, and tin, cutting sugar cane, harvesting fruit, coffee, and
other crops, manufacturing toys, sporting goods and appliances, and working
as domestic servants, street vendors, herders, migrant workers, and prostitutes.
These children often work long hours with dangerous tools and machines and
are exposed to hazardous chemicals, polluted air, and infectious diseases.
They are denied the education that is their right and deprived of prospects for
even minimally prosperous and healthy lives.
The economic exploitation of children ...
Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler
Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler
Law Faculty Scholarship
For all practical purposes, the Constitution prescribes only one limit on the federal government's power to tax: the Uniformity Clause, which requires that indirect taxes, such as income and excise taxes, be "uniform throughout the United States ... " It is exceedingly rare for a federal tax law to violate the Uniformity Clause. The Internal Revenue Code does not fix different taxes for different states, as Congress has carefully crafted the tax laws to avoid geographical distinctions. Unfortunately, the Internal Revenue Service ("IRS") has not always been so careful. In recent years, the IRS has adopted a practice of applying different ...
Taxation Without Explanation: The Federal Gift Tax, Jeffrey S. Kinsler
Taxation Without Explanation: The Federal Gift Tax, Jeffrey S. Kinsler
Law Faculty Scholarship
The Federal Gift Tax is designed to implement two competing policies: to tax gifts so as to prevent taxpayers from depleting their estates (and thus evading the estate tax) with tax-free lifetime transfers; but to tax gifts at a rate lower than testamentary transfers so as to encourage taxpayers to circulate wealth during life, thereby stimulating economic growth and income tax revenue. The gift tax has always been carefully crafted to balance these competing interests. That is, until now. The Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") completely perverted these two policies.' EGTRRA was sold to the ...
Researching English Case Law, Stephen E. Young
Researching English Case Law, Stephen E. Young
Scholarly Articles and Other Contributions
No abstract provided.
Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy
Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy
Faculty Scholarship
This article summarizes the findings of the 2002 survey and highlights significant changes and trends in the operation of legal research and writing programs across the country.
The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg
The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg
Articles
Connecting users to the best available sources of legal information is one of the traditional functions of the law library. These sources now include Web sites, electronic journals, and subscription databases. This article explores the best way to bring these useful Internet resources to the attention of users, concentrating on the pros and cons of using the catalog or the home page.
A Reply--The Missing Portion, Pierre Schlag
Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane
Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane
Faculty Scholarship
No abstract provided.
A Guide To International And Foreign Legal Research Online, Jennifer L. Selby
A Guide To International And Foreign Legal Research Online, Jennifer L. Selby
Law Librarian Scholarship
Today, legal researchers in foreign and international law can enhance their search capabilities with web-based resources. However, a few caveats about doing foreign and international legal research on the web include: 1) not all material is available through the web, and the web is not always the fastest way to obtain materials; and 2) the web can be a good source of current and recent information, however, often older legal materials are not found on the web.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
UF Law Faculty Publications
In France, Justice Jackson's question about where to look for the meaning of a statute would be phrased in broader terms and would not be limited to the question of whether to look only at the words of a statute or also at the legislative intent. French law starts from the premise that statutes and codes are the foundations of the legal system in the same way that cases are the foundation of the common-law system. Because of the primacy of written law in France, statutory interpretation lies at the heart of French law. Statutory interpretation is very flexible ...
The Dream Of Interpretation, Anthony P. Farley
The Dream Of Interpretation, Anthony P. Farley
Boston College Law School Faculty Papers
For any given rule, there are infinite interpretations. Yet law and interpretation are inseparable. Interpretation is a complex process, based on murky forces, exposed to some extent in institutions, habits and conventions, which are often poorly understood even by the person charged with the act of interpreting. The article deconstructs—through a series of improvisations on logic, reason, rules, duty, desire, repetition, enchantment, symptom and sin—the dream of interpreting law. Drawing on Wittgenstein, Freud, Kant, Foucault and others from the pantheon of modernism, the article ruminates on the endless prospect of interpretation and the possibility of discord.
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
Law Faculty Publications
In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.
The Right To Receive Information, Susan Nevelow Mart
The Right To Receive Information, Susan Nevelow Mart
Articles
Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Cornell Law Faculty Publications
No abstract provided.
Further Thoughts On Better Writing, Terrill Pollman
Further Thoughts On Better Writing, Terrill Pollman
Scholarly Works
As writing teachers, we frequently witness the mystery of how writing and re-writing clarifies thinking. We teach our students to let the writing process show them the gaps in their reasoning. As student edit, they learn that paring away the superfluous allows us to see the line and structure of the argument. When a section or sentence “won’t write,” it is often because we are trying to ignore a flaw in our understanding. Form is related to content. The attempt to simplify out message teaches us what is it we have to say.
Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury
Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury
UF Law Faculty Publications
In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship ...
Massachusetts, Joan Shear
Massachusetts, Joan Shear
Boston College Law School Faculty Papers
No abstract provided.
American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner
American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner
All Faculty Scholarship
Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an ...
The Professional In Legal Education: Foreign Perspectives, James Maxeiner
The Professional In Legal Education: Foreign Perspectives, James Maxeiner
All Faculty Scholarship
Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal ...
Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh
Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh
Scholarly Works
No abstract provided.
The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen
The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen
Faculty Scholarship
The Author discusses the progression from simple to more complex assignments in the Legal Research and Writing curriculum at Western New England College School of Law.