Law Commons^™

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel

Scholarly Works

No abstract provided.

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel, Elizabeth Berenguer, Teri Mcmurtry-Chubb

College of Law Faculty Scholarship

No abstract provided.

The 'Other' Market, Cody Jacobs

Faculty Scholarship

The hiring market for tenure-track non–legal writing positions is a world unto itself with its own lingo (i.e., “meat market” and “FAR form”), its own unwritten rules (i.e., “Do not have two first-year courses in your preferred teaching package.”), and carefully calibrated expectations for candidates and schools with respect to the process and timing of hiring. These norms and expectations are disseminated to the participants in this market through a relatively well-established set of feeder fellowships, visiting assistant professor programs, elite law schools, blogs, and academic literature on the subject.

But there is another market that goes on every year …

When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

Practice And Fitness Making Writing Perfection More Nearly Attainable, Heather Ridenour, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Fact Of The Matter, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia's opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia's judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court colleagues were …

Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki

Anthony S. Niedwiecki

No abstract provided.

Shedding The Uniform: Beyond A "Uniform System Of Citation" To A More Efficient Fit, Susie Salmon

Susie Salmon

This article brings a fresh perspective to the ongoing conversation about legal citation format: By highlighting the costs that the fetishization of "perfect" citation format imposes on legal education, the legal profession, and our system of justice, this article encourages us to seize the opportunity that technology presents to implement a more just, sane philosophy of legal citation. Tracing the history of legal citation from its origins in Rome, this article thoroughly debunks any notions of one citation manual's inherent superiority as a citation tool and instead suggests a return to first principles: an approach to citation that ensures accuracy, …

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …

Toward A New Language Of Legal Drafting, Matthew Roach

Matthew Roach

Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.

Toward A Writing-Centered Legal Education, Adam Lamparello

Adam Lamparello

The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …

Embracing Change In International Program Planning: Strategies For Financing International Programs In Times Of Economic Turbulence, Diane Penneys Edelman, Toni Jaeger-Fine

Diane Penneys Edelman

Embracing Change in International Program Planning: Strategies for Financing International Programs in Times of Economic Turbulence Law schools are being compelled to examine their ability to begin and continue international programs, and to market programs aggressively to keep them viable. Should a law school start a new program at this time? Should a law school discontinue any programs, or offset losses in programs with gains from other programs? Presentation will encourage an open discussion of strategies for developing or continuing economically feasible programs in these difficult times. Presenters: Diane Penneys Edelman, Director of International Programs, Villanova University School of Law …

Breaking Bad Facts: What Intriguing Contradictions In Fiction Narratives Can Teach Lawyers About Coping With Harmful Evidence, Cathren Page

Cathren Page

Abstract: Breaking Bad Facts: What Intriguing Contradictions in Fiction Narratives Can Teach Lawyers About Coping with Harmful Evidence by Cathren Koehlert-Page Walter White is the “nerdiest old dude” that Jesse Pinkman knows. His students ignore him and whisper and laugh during class. They make fun of him at his after school job at the car wash where he is forced to stay late. His home décor and personal fashion could best be described as New American Pathetic. And yet by the end of the hit television series, Breaking Bad, White is a feared multi-million dollar drug lord known as Heisenberg. …

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …

Art-Iculating The Analysis: Systemizing The Decision To Use Visuals As Legal Reasoning, Ruth Anne Robbins, Steve Johansen

Ruth Anne Robbins

This Article first assumes that visuals belong and are ethically permitted in legal documents -- something explored by other authors -- and then begins to answer the questions of effective inclusion. The article explores the specific use of analytical visuals, which are those that do not attempt to prove what happened in a legal dispute, but instead help explain how the dispute should be resolved under the legal standards. Thus, the included analytical visual, when used effectively, creates a stronger understanding of the abstract legal analysis. The article suggests a taxonomy for categories of analytical visuals. It also acknowledges that …

Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng

Jennifer E Spreng

As legal educators continue to shift focus to preparing students for practice, they should put integrated first-year courses and curricula into the top tier of potential reform vehicles. Integration refers to the extent to which a course or curriculum blurs disciplinary boundaries as well as boundaries between doctrine and authentic learning activities. Integrated courses promote active, deep learning that facilitate orderly knowledge construction and reveal more connections between vital legal concepts. The authenticity of integrated courses improves students’ retention and transfer of knowledge. Such accessible, interconnected knowledge in such a vital learning environment is like intellectual rocket fuel to law …

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.

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.

"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 – …

Experiential Legal Writing: The New Approach To Practicing Like A Lawyer, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Law students engage in various types of “experiential” learning activities while in school, such as clinics and externships, but they graduate without the experience necessary to practice law. This is traceable to a glaring deficiency at most law schools: a writing program that is comprehensive, properly sequenced, and integrated across and throughout the law school curriculum.

First, most graduates have never drafted the documents they will encounter in law practice. Additionally, they have not drafted and re-drafted such documents while also participating in real-world simulations as they would in actual practice. Instead, students graduate having drafted an appellate brief, a …

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

Ian Gallacher

No abstract provided.

Whose Article Is It Anyway? Student Editors And The Law Review Process, Josephine R. Potuto

Josephine R Potuto

Law professors publish in law reviews, not peer-reviewed journals. They are edited by law students. The editing process can be both irritating and exasperating. From experiences lived and those shared by colleagues across the country, I provide concrete examples of where law student editors go wrong, and also explain why.

A Proposal To The Aba: Integrating Legal Writing And Experiential Learning Into A Required, Six-Semester Curriculum That Trains Students In Core Competencies, 'Soft Skills,' And Real-World Judgment, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Experiential learning is not the answer to the problems facing legal education. Simulations, externships, and clinics are vital aspects of a real-world legal education, but they cannot alone produce competent graduates. The better approach is to create a required, six-semester experiential legal writing curriculum where students draft and re-draft the most common litigation documents and engage in simulations, including client interviews, mediation, depositions, settlement negotiations, and oral arguments in the order that they would in actual practice. In so doing, law schools can provide the time and context within which students can truly learn to think like lawyers, do what …

The Transmit Clause Test: A Pragmatic Approach To A Contemporary Understanding Of The Ambiguity In The Copyright Act’S Transmit Clause, Samantha Tilipman

Samantha Tilipman

The 1976 Copyright Act was a response to development of new technology and an attempt to clarify copyright law to promote further investment in the burgeoning sphere of cable systems.[1] In drafting the provisions of the new Act, Congress created the “Transmit Clause,” a key passage nestled into the definition of “to perform or display a work ‘publicly.’”[2]The ambiguity of the Transmit Clause has led the circuits to interpret it differently leading to conflicting caselaw on opposite ends of the nation. The purpose of this note is to provide the Supreme Court of the United States and …

A Proposal To The Aba: One Required Legal Writing Course For All Six Semesters Of Law School, Adam Lamparello

Adam Lamparello

If you decide to run a marathon, but stop training after the eighth week of a sixteen-week training schedule, you will not finish. Why? Your muscles atrophied, and your stamina declined. If you stop writing after the second or third semester of law school, you will not become a good legal writer. Why? Your skills atrophied. You did not develop mental memory—just like the marathon runner did not develop muscle memory.

Why did the marathon runner stop? Maybe life got in the way, or training became too hard. But it’s the difficult moments—the grind—that separates the marathon runner from the …