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Articles 1 - 30 of 96
Full-Text Articles in Law
When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter
When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
The Trouble With Amicus Facts, Allison Orr Larsen
The Trouble With Amicus Facts, Allison Orr Larsen
Faculty Publications
The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …
The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken
The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken
Law Faculty Popular Media
In this article, the author discusses improvements to the Lexis Advance research platform.
Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick
Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick
All Faculty Scholarship
Empirical work has grown in importance in law and economics. This growth coincides with improvements in research designs in empirical microeconomics more generally. In this essay, we provide a stylized discussion of some trends over the last two or three decades, linking the credibility revolution in empirical micro to the ascendancy of empirical work in law and economics. We then provide some methodological observations about a number of commonly used approaches to estimating policy effects. The literature on the economics of crime and criminal procedure illustrates the ways in which many of these techniques have been used successfully. Other fields, …
Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown
Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown
Faculty Scholarship
No abstract provided.
Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards
Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards
Scholarly Works
In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
Journal Articles
When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …
Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge
Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge
Student Publications
This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.
Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft
Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft
Law Faculty Popular Media
In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.
Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver
Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver
Akron Law Faculty Publications
This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …
Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Elizabeth Shaver
Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Elizabeth Shaver
Akron Law Faculty Publications
This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …
They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath
They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath
Akron Law Faculty Publications
Many 1L students do not understand that written comments have different purposes and varying degrees of importance. In addition, students often do not fully appreciate the importance of editing in stages. Color-coding comments is one way to help students both distinguish between different comments and incorporate comments during the revision process.
Color-coded comments are particularly useful early in the semester when students are revising drafts. Color-coded comments allow students to identify the “type” of comment (e.g. organizational vs. grammatical) before reading the substance of the comment, allowing for better comprehension of the comment. In addition, color coded comments can help …
Introduction To The Micro-‐‑Symposium On Scalia & Garner's “Reading Law”:The Textualist Technician, Karen Petroski
Introduction To The Micro-‐‑Symposium On Scalia & Garner's “Reading Law”:The Textualist Technician, Karen Petroski
All Faculty Scholarship
Recently, the Green Bag issued a call for short (1,000 words) essays on Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan Garner. We sought “[a]ny theoretical, empirical, or practical commentary that will help readers better understand the book.” The result is this micro-symposium. Our call drew dozens of micro-essays, some thought-provoking, some chuckle-prompting, and some both. Blessed with an abundance of good work but cursed by a shortage of space, we were compelled to select a small set – representative and excellent – of those essays to publish in the Green Bag and its sibling publication, …
Uelma: The Uniform Electronic Legal Material Act, Marlene Coir, Virginia C. Thomas
Uelma: The Uniform Electronic Legal Material Act, Marlene Coir, Virginia C. Thomas
Library Scholarly Publications
At the federal, state, and local levels, primary legal materials are increasingly being made available to the public in electronic format. It is a matter of great concern to attorneys and legal researchers that these electronic resources routinely include caveats and disclaimers regarding their authenticity and official status. Until recently, however, state and local governments have seldom guaranteed that these resources would be updated, maintained, and securely archived for the benefit of their citizens. In July 2011, the National Conference of Commissioners on Uniform State Laws approved the text of the Uniform Electronic Legal Material Act (UELMA). As drafted, this …
An Offer They Can’T Refuse: Teaching Persuasive Writing Through A Settlement Offer Email Assignment, Alyssa Dragnich, Rachel H. Smith
An Offer They Can’T Refuse: Teaching Persuasive Writing Through A Settlement Offer Email Assignment, Alyssa Dragnich, Rachel H. Smith
Faculty Publications
(Excerpt)
Do you catch more flies with honey than with vinegar? Our first-year legal writing students had to confront this question as part of a new assignment we introduced in the spring of 2014 that required them to write an email settlement offer to opposing counsel. This assignment fit easily into our trial and appellate brief assignments, allowed students to learn about persuasive writing in a new format, and helped students experience a bit of the creativity of law practice.
At Miami Law, we follow a fairly traditional model for a two-semester legal writing curriculum. In the fall, students learn …
In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman
In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman
Law Faculty Articles and Essays
This article shows how to use works of art to demonstrate essential components of effective legal writing. Part I discusses the learning theory under pinning the use of visual lessons. Part II describes the lessons themselves. Part III explains the benefits--both direct and indirect--that result from using visual lessons to teach law and summarizes student responses to the use of these lessons in first-year legal writing. The conclusion suggests ways in which this technique might be extended and adapted to teach not only legal writing but also other law school courses.
From Disability To Usability In Online Instruction, Susan David Demaine
From Disability To Usability In Online Instruction, Susan David Demaine
Articles by Maurer Faculty
This article is a primer on the work needed to ensure accessibility in online instruction. It discusses different disabilities, reviews relevant laws and standards, and explores the relationship between accessibility and the principles of universal design. The article introduces a number of best practices for creating accessibility in online instruction.
Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre
Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre
Library Scholarly Publications
The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The concerns that arise in this complex environmental context extend beyond the scope of traditional legal research resources to include historical, social, scientific, and governmental documents that reside in unique archival collections.
Through the conversation that follows, senior archivist William LeFevre of the Walter P. Reuther Library shares his experience and insights on how archival resources can provide essential support …
Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan
Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan
UF Law Faculty Publications
Law schools are being called upon to produce more “practice ready” graduates. To that end, the University of Florida added a librarian-taught first-year Legal Research course to its curriculum. As a result of the course addition, there was an impact on the existing Advanced Legal Research (ALR) course. For the first time, the ALR students had already received legal research instruction. This required adjustments in this higher level course.
No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore
No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore
Law Faculty Scholarship
This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as matters of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.
Beyond The E-Reader: Alternative Uses For The Ipad In Libraries, Rachel Evans
Beyond The E-Reader: Alternative Uses For The Ipad In Libraries, Rachel Evans
Articles, Chapters and Online Publications
Explores how libraries use iPads to improve productivity and maximize staff time. Includes recommendations for using iPads as web development, video conferencing, mobile service point, online polling and self-checkout tools, as well as suggestions for specific productivity apps,
Georgia Legal Research - Secondary Source Materials, Deborah Schander, Austin Martin Williams, Ronald E. Wheeler, Terrance Manion, Nancy P. Johnson
Georgia Legal Research - Secondary Source Materials, Deborah Schander, Austin Martin Williams, Ronald E. Wheeler, Terrance Manion, Nancy P. Johnson
Faculty Publications By Year
No abstract provided.
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
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.
Digital Commons And Ssrn: Turning Perceived Conflict Into Real Synergy, James M. Donovan, Carol A. Watson
Digital Commons And Ssrn: Turning Perceived Conflict Into Real Synergy, James M. Donovan, Carol A. Watson
Presentations
Covers the history of SSRN and the development of institutional repositories, how to positively address faculty concerns about losing SSRN download statistics, statistical analysis of downloads on each platform and research behavior, and an overview of the strengths and advantages of each platform.
Writing Lessons From Abroad: A Comparative Perspective On The Teaching Of Legal Writing, Adam Todd
Writing Lessons From Abroad: A Comparative Perspective On The Teaching Of Legal Writing, Adam Todd
School of Law Faculty Publications
With a few exceptions, American legal writing pedagogy has not been adopted in any meaningful way in foreign countries. At most, it has garnered some attention in Legal English courses, but has otherwise received scant reception in foreign universities and little academic interest by continental and other civil law academics.
The reason transplantation, or “borrowing,” of American legal writing pedagogy has not occurred is due to the deep structural differences between the American legal education system and the education system found in most other countries, especially civil law countries. For example, many law schools in Western Europe require up to …
George Orwell's Classic Essay On Writing: The Best Style Handbook For Lawyers And Judges, Douglas E. Abrams
George Orwell's Classic Essay On Writing: The Best Style Handbook For Lawyers And Judges, Douglas E. Abrams
Faculty Publications
As Orwell's title intimates, the essay included criticism of political writing done by government officials and private observers. The essay's staying power, however, transcends the political arena. By calling on writers of all persuasions to "simplify your English," Orwell helped trigger the plain English movement, which still influences legislators, courts, administrative agencies, and law school legal writing classes.
This article proceeds in two parts. First I describe how judges, when they challenge colleagues or advocates in particular cases, still quote from Orwell's plea for clear expression and careful reasoning. Then I present Orwell's diagnosis of maladies that plagued contemporary prose, …
Preface, Ken I. Kersch, Linda C. Mcclain
Preface, Ken I. Kersch, Linda C. Mcclain
Faculty Scholarship
In an essay in the Texas Law Review not too long ago, Sandy Levinson lamented the degree to which law reviews—most prominently the Michigan Law Review—were sharply cutting down on the space they were devoting to book reviews.1 This was especially unfortunate as law professors were publishing more and more books. The publication of a book, as opposed to a journal article, was for many a deliberate choice involving an effort to address subjects at greater length, in greater depth, and on a broader scale for a wider scholarly (and perhaps educated popular) audience. Thematic review essays on books, whether …
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine
Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine
Law Faculty Publications
For more than two decades, at three law schools, I have been teaching an advanced legal writing course that builds upon the foundation created in the first-year writing courses and introduces students to new drafting skills, focusing on statutes and statutory drafting. The final project in the course requires students to solve a personally-identified legal or quasi-legal problem by drafting a report and a statute, ordinance, regulation, procedural rule, or a similar solution.