Law Commons^™

Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal

Sonia Katyal

No abstract provided.

Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring

Robert Berring

Explores the impact of technological innovations in legal research. Information on the earliest forms of modern legal research materials; Details on the legal literature; Current situation in the field of legal research.

Introduction, T. Alper, A. G. Amsterdam, T. E. Edelman, R. Hertz

Ty Alper

These analyses, arranged as a mosaic article, emerged from the collaboration of five law students, a practicing lawyer, and two clinical law teachers. In the years since our work began, the students have graduated and are practicing or teaching. We have continued to correspond, exchanging ideas and drafts from time to time, in subgroups or as an ensemble. Although the separate tiles of the mosaic are attributed to the members of the group primarily responsible for crafting them, all parts of the article reflect the work and thinking of the whole group.

Introduction, T. Alper, A. G. Amsterdam, T. E. Edelman, R. Hertz

Ty Alper

These analyses, arranged as a mosaic article, emerged from the collaboration of five law students, a practicing lawyer, and two clinical law teachers. In the years since our work began, the students have graduated and are practicing or teaching. We have continued to correspond, exchanging ideas and drafts from time to time, in subgroups or as an ensemble. Although the separate tiles of the mosaic are attributed to the members of the group primarily responsible for crafting them, all parts of the article reflect the work and thinking of the whole group.

Sources Of American Law: An Introduction To Legal Research, Tina M. Brooks, Beau Steenken

Tina M. Brooks

At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students …

Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley Lubman

Stanley Lubman

No abstract provided.

New Wave In Children’S Suggestibility Research: A Critique , Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead

O. Carter Snead

The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But, …

The Jury’S Response To Business And Corporate Wrongdoing, Valerie P. Hans

Valerie P. Hans

No abstract provided.

Investigating The Continuity Of Sex Offending: Evidence From The Second Philadelphia Birth Cohort, Franklin E. Zimring, Wasley G. Jennings, Alex R. Piquero, Stephanie Hays

Franklin E. Zimring

This study uses data from the Second Philadelphia Birth Cohort to examine the natural history of sex offenders and their involvement in sexual offending through age 26. Several key findings emerged from our effort. First, only one in 10 of the 221 male and female juvenile sex offenders had a sex-related offense during the first eight years of adulthood. Second, 92 percent of all the cohort males with adult sex records had no prior juvenile sex offense. Third, a boy with no sex contacts but five or more total juvenile police contacts was more than twice as likely to commit …

‘Concentration Camps For Lost And Stolen Pets’: Stan Wayman’S Life Photo Essay And The Animal Welfare Act, Bernard Unti

Bernard Unti, PhD

In the 1960s, LIFE was America's single most important general weekly magazine, its photo-essay formula catering to a middle class constituency of millions. By the halfway point of that tumultuous decade, readers were accustomed to seeing searing and unpleasant images of a changing nation, one racked by civil unrest and entangled in a bloody war in Southeast Asia. But when LIFE's February 4, 1966 issue landed on newsstands and in mailboxes across the United States, with the cover's warning "YOUR DOG IS IN CRUEL DANGER," tens of millions of readers became acquainted for the first time with another kind of …

The Lived-Experience Of Police Vehicle Pursuit: A Descriptive Phenomenological Psychological Study, Rodger E. Broome Phd, Taketo Tabata Phd

Rodger E. Broome

The purpose of this article was to explore police officerʼs experiences during police vehicle pursuits. Interviews of three US police officers were conducted and the descriptive phenomenological psychological method was used to analyze their naive accounts of their lived-experiences. The psychological constituents of the experience of leading a successful chase and capture of a fleeing criminal found are: (1)Alert to Possible Car Chase,(2)Suspect Identified,(3)Anxiety and Excitement About the Chase,(4)Awareness of Primary Chase Role,(5)Radio Coordination with Others to Take Actions to Stop the Suspect,(6)Ongoing Evaluation of Chase Situation and Persistence,(7)Reading the SuspectʼsDriving Behaviors,(8)Car Chase Transition to a Coordinated Physical Capture, and(9)Making …

From Law In Blackletter To Blackletter Law, Kasia Solon Cristobal

AALL/LexisNexis Call for Papers

What is the etymology of the phrase blackletter law? Chasing down its origins uncovers not only a surprising turnabout from blackletter law’s original meaning, but also prompts examination of a previously overlooked subject, the history of the law’s changing appearance on the page. This history ultimately proves a cautionary tale of how appearances have hindered access to the law.

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

Elizabeth A Rowe

Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: …

Irs Tax Relief - Tips For Taxpayers - Tax Relief Programmes, Lissa Coffey Nyu School Of Law

LissaCoffey

IRS TAX RELIEF - TIPS FOR TAXPAYERS - TAX RELIEF PROGRAMMES ... it seems many of us look for ways to get more income back from the Internal Revenue Service (IRS) ... IRS Tax Relief Help ... will spot preventing the lies and tricks that agents sometimes use to try and cheat taxpayers who need vital reduced back taxes. Back Taxes : Settle Tax Debt and IRS Problems. Expiration of Back Taxes; IRS Help; IRS Tax Relief FAQs; Back Taxes: Settle Tax Debt and IRS Problems Owe IRS Back Taxes? ... Once an IRS Payment Plan (also known as an …

"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik

Mary F. Radford

In Anglo-American law, the concept of mental "capacity" is used to measure the degree to which an individual has the "mental ability to understand the nature and effects of one's acts" as determined by a medical or cognitive assessment of an individual's mental ability. Based on an individual's mental capacity, the law decides whether the individual had sufficient capacity to engage in the action in question. The legal concept of mental capacity, therefore, is the basis for "when a state legitimately may take action to limit an individual's rights to make decisions about his or her own person or property." …

List Of The Most Popular Irs Tax Forms & Pubs, Lissa Coffey

LissaCoffey

Here are links to the most common tax forms needed to prepare your income tax returns. All tax forms are in the portable document format (PDF) and require Adobe Acrobat Reader. You can use Acrobat Reader to view the documents and print documents. Most of the IRS forms also allow you to type in your information and save a copy with your data to your computer

Law Firm Legal Research Requirements And The Legal Academy Beyond Carnegie, Patrick Meyer

Patrick Meyer

What types of research resources must new hires know how to use, and in which format(s)? To answer this question, this article starts by identifying the historical research deficiencies of new attorneys. The author goes on to summarize four recent and regarded law firm practice skills studies, as well as results of the author's 2010 law firm survey. This article concludes by identifying a three part plan to improve the lacking research skills of new attorneys.

Empirical Work In Family Law, Margaret F. Brinig

Margaret F Brinig

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …

Taming A Dragon: Legislative History In Legal Analysis, Mark Deforrest

Mark DeForrest

ARTICLE ABSTRACT

TAMING A DRAGON:

LEGISLATIVE HISTORY IN LEGAL ANALYSIS

Mark DeForrest

The use of legislative history in statutory interpretation and analysis has been an area of intensive inquiry since the 1980’s. The debate has been vigorous and has led to the development of sophisticated arguments by both the advocates of the use of legislative history and textualists critical of its use. While the debate has been ongoing, changes in technology have made it easier than ever to access detailed legislative history for both state and federal statutes. This article discusses the impact of both the debate and the technological …

A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski

Michael J. Malinowski

This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.

Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner

Robin Warner

As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …

[Review Of The Book Success While Others Fail: Social Movement Unionism And The Public Workplace], Alexander Colvin

Alexander Colvin

[Excerpt] In this splendid book, Paul Johnston applies his broad understanding of contemporary social theory to an analysis of a series of carefully matched field research cases to achieve genuine theoretical insights. His analysis addresses such fundamental issues as the nature of public sector unionism—its goals and the weapons it uses to achieve them, the ways it differs from private sector unionism—and the dynamics of social movement unionism. This work is an important contribution to the resurgent body of inductive theory development in industrial relations research that has emerged in recent years.

[Review Of The Book What Do Unions Do? A Twenty-Year Perspective], Alexander Colvin

Alexander Colvin

[Excerpt] The 1984 publication of Richard Freeman and James Medoff’s What Do Unions Do? was a landmark event in research on labor unions. It challenged existing negative economic conceptions of the role of unions by presenting a two-faced model of unionism in which the negative monopoly face of unions was counter-balanced by a positive collective voice face. For those in the labor movement, this book became a powerful source of academic support for their value to society and the economy. Among academics, WDUD was equally influential, as it encouraged a renewed, more data-intensive and methodologically sophisticated approach to research on …

Telecommunications 2000 Strategy, Hr Practices & Performance, Rosemary Batt, Alexander Colvin, Harry C. Katz, Jeffrey Keefe

Alexander Colvin

This report constitutes the first benchmarking survey of business and human resource practices among a nationally representative sample of workplaces in the broadly defined telecommunications industry that includes wireline, wireless, cable, and internet providers. It grows out of a multi-year study of organizational change in the industry, and is based on extensive field study, site visits, interviews, and surveys conducted by research teams at Cornell and Rutgers Universities. Managers at 577 establishments across the country gave generously of their time during a lengthy telephone survey. The study was made possible through a generous grant by the Alfred P. Sloan Foundation. …

Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer

Matthew Rimmer

In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation broke a story about Monsanto seeking to patent the enhancement of meat, including omega-3 fatty acids:‘Enhanced port is sparking debate over the ethics of placing patents on food. Patent applications covering the enhancement of meat, including pork with omega-3 fatty acids, are stimulating debate over the ethics and legalities of claiming intellectual property over food. Monsanto has filed patents that cover the feeding of animals soybeans, which have been genetically modified by the company to contain stearidonic acid (SDA), a plant-derived omega-3 fatty acid... Omega-3s …

Avatar Experimentation: Human Subjects Research In Virtual Worlds, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Researchers love virtual worlds. They are drawn to virtual worlds because of the opportunity to study real populations and real behavior in shared simulated environments. The growing number of virtual worlds and population growth within such worlds has led to a sizeable increase in the number of human subjects experiments taking place in such worlds. Virtual world users care deeply about their avatars, their virtual property, their privacy, their relationships, their community, and their accounts. People within virtual worlds act much as they would in the physical world, because the experience of the virtual world is "real" to them. The …

Research In Native American Communities In The Genetics Age: Can The Federal Data Sharing Statute Of General Applicability And Tribal Control Of Research Be Reconciled?, Ron J. Whitener

Ron J. Whitener

Since colonization, the populations indigenous to the United States of America have been an enticing subject for researchers of all types. Geographic continuity with traditional homelands and traceable blood quantum requirements for tribal membership provide a unique connection to the past for researchers studying a broad array of topics from epidemiology to religion. In recent years, the explosion of discoveries in the field of genomic research has led to even greater interest in the United States’ Native communities by both commercial and scientific interests. Firms have sprung up offering genetic tests claiming the ability to detect Native American Ancestry. National …

Trade Practises And Fairness In The University Research Business Administration In Australia, Chuen-Tat Kang

Kang Chuen Tat (江俊达)

Universities in Australia are abide to various rules and regulations that guard the administration of the varsities as educational and business institutions. Argument sometimes arises on whether the state statutory organizations could be under jurisdictions of trade practises law in various Australian states. In certain disputable situations, contractual inconsistencies in the interpretation could arises especially among the research staffs and students due to various different interpretation of rights and conditions of awards during the recruitment processes. In order to prevent breaches of contracts in any parties then the research teams, whether of law professions or otherwise, should be cautious about …

Embedded Librarians: Teaching Legal Research As A Lawyering Skill, Vicenç Feliú, Helen Frazer

Vicenç Feliú

This article addresses a proposed pedagogy for teaching the lawyering skill of advanced legal research in practice environment, such as a clinic, consonant with the recommendations of the 2007 Carnegie Report, Educating Lawyers, and the 1992 ABA Taskforce on Law Schools and the Profession, Legal Education and Professional Development (the MacCrate Report). It examines how the relatively new trend of embedding librarians in practice settings, offering assistance at the point of need, could be effective in law schools. It proposes a model for teaching advanced legal research by embedding law librarians in law school clinics based on the experiment conducted …