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2019

Legal Writing and Research

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Articles 1 - 30 of 106

Full-Text Articles in Law

Introduction, Loretta Price Dec 2019

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law


Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb Dec 2019

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.


A Global Perspective On Digital Sampling, Loren Mulraine Nov 2019

A Global Perspective On Digital Sampling, Loren Mulraine

Law Faculty Scholarship

The state of the law in the United States is complicated by the fact that the de minimis doctrine is, and has been a muddled doctrine. Copyright law and patent law allow future authors and inventors to build upon the works of previous rights holders. In the patent world, the new work must be a non-obvious improvement on the original patent. In copyright, the key is that the secondary user cannot take a substantial portion of the prior author's copyrightable expression. There is no infringement without substantial similarity. By definition, a de minimis taking is the polar opposite of substantial …


Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2019

Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


References To Movies In Judicial Opinions And Written Advocacy, Part 2, Douglas E. Abrams Nov 2019

References To Movies In Judicial Opinions And Written Advocacy, Part 2, Douglas E. Abrams

Faculty Publications

In the Journal’s September- October issue, Part I of this article sampled recent federal and state judicial opinions that cite themes, scenes, or characters from movies listed on the American Film Institute (AFI) “100 Greatest American Films of All Time.” This Part II picks up where Part I left off. The discussion below samples recent judicial opinions that cite other well-known movies that have captivated American audiences without winning places on the “100 Greatest” list. Part II concludes by explaining why brief writers should feel comfortable following the judges’ lead by carefully using movie references to help make written substantive …


Explain It To Me: Tips For Effective Rule Explanation In Legal Analysis, Melissa N. Henke Nov 2019

Explain It To Me: Tips For Effective Rule Explanation In Legal Analysis, Melissa N. Henke

Law Faculty Popular Media

The process of rule explanation is an important part of legal analysis, because it informs the legal reader, be it another attorney or a judge, how the legal rule has been applied in past cases. In other words, the rule explanation is where we use case law “to define, explain, and exemplify” the legal rule that determines the outcomes of the client’s problem or dispute. Legal writing texts refer to this discussion of past cases as case illustrations, case descriptions, or case examples, and they often devote substantial space to the topic. This column highlights four tips for improving the …


2018-2019 Annual Report, Caroline L. Osborne Oct 2019

2018-2019 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.


Using Court-Connected Adr To Increase Court Efficiency, Address Party Needs, And Deliver Justice In Massachusetts, Madhawa Palihapitiya, Susan Jeghelian, Kaila Eisenkraft Oct 2019

Using Court-Connected Adr To Increase Court Efficiency, Address Party Needs, And Deliver Justice In Massachusetts, Madhawa Palihapitiya, Susan Jeghelian, Kaila Eisenkraft

Massachusetts Office of Public Collaboration Publications

This report presents research and findings from a study of court-connected ADR commissioned by the Executive Office of the Trial Court (EOTC). The study was conducted by the state office of dispute resolution also known as the Massachusetts Office of Public Collaboration at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for almost 30 years. Its mission is to establish programs and build capacity within public entities for enhanced conflict resolution and intergovernmental and cross-sector collaboration in order to save costs for the state and its citizens and enable effective problem-solving …


Law Review Cite Checking, Heather Simmons, Jason Tubinis Oct 2019

Law Review Cite Checking, Heather Simmons, Jason Tubinis

Presentations

Bluebook and cite checking for law review, presented by the law library. This session is only for members of the Georgia Law Review, the Georgia Journal of International & Comparative Law, and the Journal of Intellectual Property Law.


Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee Oct 2019

Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee

Upper Level Writing Requirement Research Papers

No abstract provided.


Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge Oct 2019

Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge

Faculty Scholarship

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as a master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s …


Law Review Cite Checking, Jason Tubinis, Heather Simmons Sep 2019

Law Review Cite Checking, Jason Tubinis, Heather Simmons

Presentations

Bluebook and cite checking for law review, presented by the law library. This session is only for members of the Georgia Law Review, the Georgia Journal of International & Comparative Law, and the Journal of Intellectual Property Law.


Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2019

Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig Sep 2019

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig

Law Faculty Scholarship

Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.

This article reviews …


Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra Sep 2019

Keeping Up With A Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety And Replacing The Dated Casebook Method With Modern Case-Based Learning, Jason G. Dykstra

Articles

No abstract provided.


References To Movies In Judicial Opinions And Written Advocacy, Part 1, Douglas E. Abrams Sep 2019

References To Movies In Judicial Opinions And Written Advocacy, Part 1, Douglas E. Abrams

Faculty Publications

In opinions in cases with no claims or defenses concerning movies or the movie industry, trial and appellate judges often help explain substantive or procedural points, or help embellish the discussion, with references to themes, scenes, or characters from well-known films that have held Americans’ attention. Sometimes the reference appears in an opinion of the court, and sometimes it appears in a concurring or dissenting opinion.


Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon Sep 2019

Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon

Articles

Partway through the winter 2019 semester,1 the Supreme Court ruined my favorite summary judgment brief problem while my students were working on it. I had decided to use the problem despite the Court granting cert and knowing it was just a matter of time before the Court issued its decision. In this Article, I share some of the lessons that I learned about the risks involved in using a brief problem based on a pending Supreme Court case. I conclude that, while I have not typically set out to base a problem on a pending Supreme Court case, doing so …


Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2019

Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Corresponding Ideas In Corresponding Forms, Patrick Barry Aug 2019

Corresponding Ideas In Corresponding Forms, Patrick Barry

Articles

Don’t make the mistake of thinking that content always comes before structure. You don’t need to figure out all your ideas before you decide how to organize them. Much value can come from going in the opposite direction: first figure out how you are going to organize your ideas—their appropriate structure—and then determine the appropriate content. I often offer law students the following suggestion: “Once you find the right structure, perhaps it will be easier to find the right content.”


Maximizing Your Faculty's Scholarly Impact: Techniques To Increase Findability, Carol A. Watson, Thomas J. Striepe, Caroline Osborne Jul 2019

Maximizing Your Faculty's Scholarly Impact: Techniques To Increase Findability, Carol A. Watson, Thomas J. Striepe, Caroline Osborne

Presentations

Increasing the impact of faculty scholarship is consistently a top priority at law schools. Law librarians are uniquely positioned to offer a significant amount of assistance to faculty and law administration in achieving this goal and enhancing the reputation of the law school. Understanding the differences between the tools and techniques available to assist on this topic can be a complex endeavor. This program focused on providing the best strategies to increase the impact of faculty scholarship. Speakers discussed the various social media platforms available to upload scholarship, as well as how to increase findability in search results and take …


Leading, Energizing, And Developing Staff Through Times Of Change, Carol A. Watson, June Liebert, Jane Sánchez, Austin Martin Williams Jul 2019

Leading, Energizing, And Developing Staff Through Times Of Change, Carol A. Watson, June Liebert, Jane Sánchez, Austin Martin Williams

Presentations

The nature of library work is changing. New technology, user preferences, tighter budgets, and new expectations have meant that libraries have altered and adapted the way they provide resources and services. While these changes have brought many benefits to library users, innovations in how libraries provide resources and services often have long-term implications on the skills needed from librarians and staff. Now more than ever, it's important to communicate to staff about the future of their work and their roles in the library, and to provide them with the development and training they need to transition into new roles. "Where …


Better With Science: Strengthening Patron Learning, Heather Simmons, Alyson Drake, Joseph Lawson Jul 2019

Better With Science: Strengthening Patron Learning, Heather Simmons, Alyson Drake, Joseph Lawson

Presentations

A baseline understanding of cognitive theory and educational psychology concepts is critical to successful student learning. With librarians in all settings providing more teaching and training than ever, designing educational experiences with these concepts in mind will result in greater retention and understanding for their patrons. This program will discuss five important ideas from cognitive learning science and give examples of how librarians and other information professionals can incorporate those theories into their instructional offerings. Participants will then work in groups to brainstorm ways various theories can be applied as they design or restructure their own instructional programs.

Takeaways:

1) …


When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar Jul 2019

When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar

Faculty Scholarship

No abstract provided.


Navigating Introvert Hell, Heidi K. Brown Jul 2019

Navigating Introvert Hell, Heidi K. Brown

Faculty Scholarship

No abstract provided.


An“Astonishingly Excellent” Solution To Super-Fake Narratives, Cathren Page Jul 2019

An“Astonishingly Excellent” Solution To Super-Fake Narratives, Cathren Page

Articles

Persuasion studies indicate that facts and logic have likely never persuaded people. Rather, people typically hold “deep frame” beliefs, and story persuades them. People then use facts and logic to justify their beliefs.

While this potentially persuasive “fake news” itself is old, the widespread dissemination of fake news via bots is new. Donald Trump’s campaign benefitted from these bots and from an electoral college map more favorable to Republicans. But these super-powers were not his only strengths, the Trump campaign wielded the power of superhero storytelling techniques.

So, faced with an army of bots, a superhero story, and an unfavorably …


Time Traveling With Timelines: Web Apps For Storytelling In Libraries, Sharon Bradley, Rachel S. Evans Jul 2019

Time Traveling With Timelines: Web Apps For Storytelling In Libraries, Sharon Bradley, Rachel S. Evans

Articles, Chapters and Online Publications

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. At the University of Georgia’s Law Library we have teamed up with faculty and staff to bring history to life, engage students, and preserve scholarly and institutional milestones. Through trial and error we have found a variety of tools for creating timelines digitally. In this article we share our four favorite web-based applications for creating timelines including Tiki-Toki, TimeToast, Prezi and Piktochart.


An Introduction To Legal Research, Anne Burnett, Stephen Wolfson Jun 2019

An Introduction To Legal Research, Anne Burnett, Stephen Wolfson

Presentations

As part of UGA Summer Academy Legal Camp two law librarians teamed up to give an introduction to legal research to high school students from across the country, including tips and strategies for using Google effectively.


A Time Lord, A Timeline And Legal Instruction, Rachel S. Evans, Sharon Bradley, Eleanor Lanier Jun 2019

A Time Lord, A Timeline And Legal Instruction, Rachel S. Evans, Sharon Bradley, Eleanor Lanier

Presentations

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. In this session librarians team up with an archivist and a clinician to bring history to life, engage students, and preserve the scholarly and institutional milestones. A variety of tools for creating digital timelines and gathering content will be shared including TikiToki, TimeToast, and Piktochart. Comparisons will be given based on cost, technical limitations, collaborative potential, and general ease of use. Potential applications for timelines will also be shared in the form of examples including:

  • a TimeToast embedded timeline tribute for individual faculty scholarship as …


From Decoder Rings To Deep Fakes: Translating Complex Technologies For Legal Education, Jason Tubinis, Rachel S. Evans Jun 2019

From Decoder Rings To Deep Fakes: Translating Complex Technologies For Legal Education, Jason Tubinis, Rachel S. Evans

Presentations

Technological developments are disrupting the practice of law” is a common refrain, but the last few years has seen some particularly complex pieces of technology become the hot new thing in legal tech. This session will look at blockchain, quantum computing, artificial intelligence, and ‘Deep Fakes’ as examples of how instructors can stay abreast of technological developments and inform themselves about their impacts in the legal profession. Then we will look at how to translate the complexities and jargon of these examples into lessons for for-credit courses, one-off informational sessions, or meetings with stakeholders.

Learning outcomes:

  • Participants will be able …


Non-English Materials For The English Speaker : European Languages, Erin Gow Jun 2019

Non-English Materials For The English Speaker : European Languages, Erin Gow

Faculty Scholarship

So many legal materials are in languages other than English worldwide, that it is inevitable that most of us will need to find or access one of these documents at some point. Foreign, comparative, and international law (FCIL) librarians often work with materials in languages in which they are not fluent, and can provide useful ideas and insight for the non-FCIL specialist faced with this type of research. This portion of a 2019 AALL webinar titled "Non-English Materials for the English Speaker" focuses on European languages, and provides practical guidance in finding English translations of European laws, tips and techniques …