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Articles 1 - 30 of 42
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.
Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier
Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In August 2003, Colorado took another huge stride toward the electornic age by announcing that it would become the first state to allow free online filing of civil cases for qualifying low-income people. The last "Scrivener" column addressed how the courts' shift to electronic formats may alter the way lawyers and judges read and write legal documents. This column addresses some of the practical aspects of preparing documents that some readers will view on paper and others will view only in electronic format.
E-Filing: Entering The Electronic Age—Part I, K.K. Duvivier
E-Filing: Entering The Electronic Age—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
With today's communication converting from paper to electronic format, we are living in an age of transformation as well. This shift will metamorphose the way lawyers and judges read--and write--legal documents.
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column addresses another recently released tool to help legal writers: Lawmanac. Lawmanac is not a book; it is software you load onto your computer hard drive to provide "click- able help for legal writers." Lawmanac includes seven types of "clickable help": (1) a 4,700-word legal dictionary; (2) a list of 2,800 abbreviations of legal sources, with website links; (3) tables for state and federal authorities, with website links; (4) advice on punctuation, capitalization, and typeface conventions; (5) a twenty-lesson course for learning and perfecting legal citation style and form; (6) lists of examples illustrating proper punctuation and form for …
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.
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The word "plagiarism" comes from the Ltin word "plagiariius," meaning kidnapper, and has been defined as the "purloining of ideas or language from another source. Some law schools have strict tests: if students borrow a unique phrase of two or three words, a string of seven words or more, or a single idea, these students may be guilty of plagiarism.
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.
White Space-The Sequel, K.K. Duvivier
White Space-The Sequel, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Just as an artist must be conscious of the "negative space" surrounding a form, a legal writer should be aware of the white areas on a page of prose, the space between and around the words.
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
Articles & Chapters
Unpublished appellate judicial opinions present formidable challenges for modern legal researchers, from both practical and ethical points of view. The practice of selective publication of court opinions, and attendant court rules that restrict citation of unpublished opinions, have long been the subject of debate within legal profession. The recent case of Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000), vacated as moot 235 F.3d 1054 (8th Cir. 2000), has rekindled this debate, giving it a new constitutional dimension, and placing it squarely within the context of judicial accountability and the appropriate separation of powers among our branches of …
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.
Researching English Case Law, Stephen E. Young
Researching English Case Law, Stephen E. Young
Scholarly Articles
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.
Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer
Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer
Articles & Chapters
No abstract provided.
Questions From Readers: Redbook Responses-Part Ii, K.K. Duvivier
Questions From Readers: Redbook Responses-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
After the last "Scrivener" article, I received several questions from readers about capitalization, so this entire column will address capitalization concerns.
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.
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.
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.
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 effective …
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, …
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 …
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.
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 …
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 …
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.
Forms Of Federal Statutory Publication, Elizabeth G. Adelman, Kristina L. Niedringhaus
Forms Of Federal Statutory Publication, Elizabeth G. Adelman, Kristina L. Niedringhaus
Faculty Publications By Year
No abstract provided.
The Right To Receive Information, Susan Nevelow Mart
The Right To Receive Information, Susan Nevelow Mart
Publications
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.
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.
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
Publications
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.