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Full-Text Articles in Law

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Triage In The Trenches Of The Legal Writing Course: The Theory And Methodology Of Analytical Critique, Daniel Barnett Oct 2006

Triage In The Trenches Of The Legal Writing Course: The Theory And Methodology Of Analytical Critique, Daniel Barnett

Boston College Law School Faculty Papers

Providing feedback to written work is one of the most important and challenging aspects of teaching legal writing. Legal writing professors spend a great deal of time and energy critiquing and grading student work. However, few legal writing professionals begin teaching with any formal training on providing feedback to novice legal writers. Fortunately, giving useful comments on student writing is a skill that can be learned. To begin, teachers must learn to prioritize feedback on the most important analytical problems on draft assignments. Focusing on analytical deficiencies helps students understand that substantive problems must be corrected before writing and stylistic ...


Quality Online Legal Researching -- On The Cheap!, James M. Donovan Sep 2006

Quality Online Legal Researching -- On The Cheap!, James M. Donovan

James M. Donovan

Summarizes issues to consider when exploring the internet for free but reliable legal resources, and offers a table of links to federal and Georgia state materials.


Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law, Ian Gallacher Aug 2006

Cite Unseen: How Neutral Citation And America's Law Schools Can Cure Our Strange Devotion To Bibliographical Orthodoxy And The Constriction Of Open And Equal Access To The Law, Ian Gallacher

ExpressO

This article looks at the phenomenon of legal citation and its unintended consequences. After considering the reasons for the American legal system’s devotion to precisely accurate and detailed citations and the history of American legal citation, the article looks at the effect the bibliographical orthodoxy promoted by the two leading citation manuals – The Bluebook and the ALWD Manual – has on open access to the law.

In particular, the article looks at how the required common law citation format prescribed by both of these manuals helps to consolidate the market position of West and LexisNexis, the duopoly of legal publishing ...


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Economic Analysis Of Law And Economics, Oren Gazal-Ayal May 2006

Economic Analysis Of Law And Economics, Oren Gazal-Ayal

ExpressO

The academic world is wonderful. Like few other professionals, we can choose what we want to do and what questions we think are important, which in our line of work means choosing what topics we want to research. But what influences our choices? This paper examines what drives scholars to select Law and Economics (L&E) as a topic for research. It does so by implementing the methodology of many L&E papers – by assuming that regulation and incentives matter.

Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, promotion and tenure encourage legal scholars to concentrate on L&E. In others, they strongly discourage such research. Thus, we should expect wide variation in the rate of participation of legal scholars in the L&E discourse across countries. On the other hand, economists are evaluated with similar yardsticks everywhere. Thus, participation of economists in the Law and Economics discourse is likely to vary much less from one place to another.

The hypothesis of this paper is that the academic incentives are a major factor in the level of participation in the L&E scholarship. This "incentives hypothesis" is presented and then examined empirically on data gathered from the list of authors in L&E journals and the list of participants in L&E conferences. The data generally supports the hypothesis. In the legal academia, the incentives to focus research on L&E topics are the strongest in Israel, they are weaker in North America and weakest in Europe. In fact, the data reveal that lawyers' authorship of L&E papers weighted by population is almost ten times higher in Israel then in North America; while in Europe it is almost ten times lower then in North America. By comparison, the weighted participation level of economists – who face relatively similar academic environments across countries – in L&E research is not significantly different across countries.


Google And Beyond: Finding Information Using Search Engines, And Evaluating Your Results, Elizabeth Geesey Holmes Mar 2006

Google And Beyond: Finding Information Using Search Engines, And Evaluating Your Results, Elizabeth Geesey Holmes

Presentations

Searching the World Wide Web can be a daunting task. The Web has expanded at such a rapid pace that nobody knows exactly how large it is, but it is safe to say that there are many billions of Web pages residing on servers all over the world. Add to this scenario the task of evaluating information found on the web and choosing between the hundreds of different search tools available – including directories, search engines, meta-searchers, and specialized search engines – and the situation begins to feel overwhelming. Fortunately, learning a few essential concepts of Web searching and site evaluation, along ...