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Full-Text Articles in Law

Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo Dec 2014

Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo

Muna B Ndulo

Professor Muna Ndulo of Cornell Law School presented the keynote address at the 2007 Starr Workshop, “Tapping into the World of Electronic Legal Knowledge.” The workshop took place at Cornell Law School October 7-10, 2007 and was co-sponsored by the Starr Foundation, New York University Law Library, and Cornell Law Library. Professor Ndulo addresses the topic of new information technologies and their importance to legal research and teaching.


Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher Nov 2014

Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher

Ian Gallacher

This short article discusses why the Legal Communication and Research program at Syracuse University College of Law has used video interviews between hypothetical clients and attorneys as an alternative to the traditional assignment memo. The article also discusses some of the technical issues related to this approach and suggests some techniques budding producers might use to develop effective and engaging videos to enhance traditional legal writing assignments.


One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood Sep 2014

One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood

Jonathan R. K. Stroud

Tasked in 2011 with creating three powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeals Board—set to creating a fast-paced trial with minimal discovery and maximum efficiency. In the first two years of existence, the proceedings have proved potent, holding unpatentable many of the claims that reach decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. Parties on …


"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton Sep 2014

"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton

Akron Law Faculty Publications

Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …


Enigma: A Variation On The Theme Of Legal Writing's Place In Contemporary Legal Education, Ian Gallacher Aug 2014

Enigma: A Variation On The Theme Of Legal Writing's Place In Contemporary Legal Education, Ian Gallacher

Ian Gallacher

No abstract provided.


Behavioral International Law, Tomer Broude Feb 2014

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …


The Metacognitive Imperative, Paul D. Callister Jan 2014

The Metacognitive Imperative, Paul D. Callister

Paul D. Callister

This book chapter elucidates why metacognition is a seminal pedagogical principle of legal research instruction and information literacy. This begins with a holistic definition of metacognition as the ability to assess, not only the result of a research activity, but the schemata, including the processes leading to the result; and then relating this to other concepts and principles applicable to legal education. It then explains why students’ development of metacognitive abilities is an imperative to legal information literacy and other signature pedagogies currently under development. The relationship of metacognition to the pedagogical underpinnings and objectives of the Carnegie Report is …


Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher, Amy Stein, Robin A. Boyle, David Thomson Jan 2014

Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher, Amy Stein, Robin A. Boyle, David Thomson

Ian Gallacher

This short article is the product of a presentation the four authors gave at the 2014 AALS Conference in New York City. In it, we briefly examine some of the problems facing legal education and propose that legal writing programs across the country could enhance the quality and complexity of the assignments they set if they worked together. Even though each faculty would teach the problem in their own way, and grade their own students' work, the possibilities offered by this approach would allow each school to simulate more closely the reality of law practice. The article includes some suggestions …


Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison Dec 2013

Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison

Shaun Jamison

Continuing legal education (CLE or MCLE) is one way to help lawyers stay current with substantive law, skills, and prepare for potentially dramatic and fast moving changes to the practice of law. This paper examines one year of continuing legal education approved for credit in Minnesota. While Minnesota attorneys enjoy access to over 10,000 CLE courses in a variety of timely topics, there are opportunities to improve. In order to best address the rapid and dramatic change in the legal field, a more favorable regulation of law office management CLEs is required. More flexible regulation and partnerships between CLE providers, …