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Legal Writing and Research

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2014

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Full-Text Articles in Legal Education

In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman Oct 2014

In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman

Law Faculty Articles and Essays

This article shows how to use works of art to demonstrate essential components of effective legal writing. Part I discusses the learning theory under pinning the use of visual lessons. Part II describes the lessons themselves. Part III explains the benefits--both direct and indirect--that result from using visual lessons to teach law and summarizes student responses to the use of these lessons in first-year legal writing. The conclusion suggests ways in which this technique might be extended and adapted to teach not only legal writing but also other law school courses.


Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards Oct 2014

Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards

Scholarly Works

In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …


Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft Oct 2014

Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft

Law Faculty Popular Media

In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.


Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan Sep 2014

Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan

UF Law Faculty Publications

Law schools are being called upon to produce more “practice ready” graduates. To that end, the University of Florida added a librarian-taught first-year Legal Research course to its curriculum. As a result of the course addition, there was an impact on the existing Advanced Legal Research (ALR) course. For the first time, the ALR students had already received legal research instruction. This required adjustments in this higher level course.


Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood May 2014

Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …


A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman Feb 2014

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

This bibliography attempts to include all faculty members at the College of Law beginning in 1892 through the faculty members of the 2012–2013 academic year. We included publications from tenure-track law, law library, and law clinical faculty members and visiting faculty members who were at the College of Law for three or more years. Although we did not include the scholarship of faculty members who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes. We used the Official Bulletin of Nebraska Law and the Nebraska Law Review to …


Vol. 46, No. 02 (January 27, 2014) Jan 2014

Vol. 46, No. 02 (January 27, 2014)

Indiana Law Annotated

No abstract provided.


Vol. 46, No. 01 (January 20, 2014) Jan 2014

Vol. 46, No. 01 (January 20, 2014)

Indiana Law Annotated

No abstract provided.


Report Of The Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Anne Klinefelter, Kay L. Andrus, Joanne A. Epps, Frank Liu, Susan Nevelow-Mart, Spencer Simons Jan 2014

Report Of The Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Anne Klinefelter, Kay L. Andrus, Joanne A. Epps, Frank Liu, Susan Nevelow-Mart, Spencer Simons

Faculty Publications

The reporting structure for academic law libraries is a topic of renewed debate. Tradition and accreditation standards for law schools have supported law school oversight of law libraries to ensure that library services would focus on the goals of the law school. Because legal research has been considered a bedrock component of legal education and legal practice, law libraries have long been closely aligned with law schools. However, new information technologies, increased pressures for efficiencies, growing interest in interdisciplinary work, and growing interdisciplinary demand for lawyer librarian expertise in information law have inspired questions about potential advantages of strengthening the …


When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment, David I.C. Thomson Jan 2014

When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

There has been much discussion recently in legal education circles about the need for improvements in assessment. Recently, the American Bar Association has responded by adding an assessment requirement to the accreditation standards, making the subject even more urgent. Because most of us in the legal academy are new to the language and methods of assessment, there have been misunderstandings. And further, because there are different levels of assessment and each level usually has different goals, sometimes the discussion can become confused. It is imperative that we understand the different levels and goals of assessment projects, so we may communicate …


A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer Jan 2014

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …


A Promising Beginning, Jeremiah A. Ho Jan 2014

A Promising Beginning, Jeremiah A. Ho

Faculty Publications

When I began teaching at the University of Massachusetts in August 2012, one of my first encounters was with the newly-formed UMass Law Review. The editorial staff was wrapping up its initial preparations for publishing the inaugural volume. Now, over a year later, those nascent processes have since been refined; the inaugural year is over. We are excited to say that the UMass Law Review enters its sophomore year with this current issue, affectionately dubbed “9:1”.


Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher Jan 2014

Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.


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

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

College of Law - Faculty Scholarship

No abstract provided.


The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia Jan 2014

The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia

Law Faculty Publications

While collaboration is familiar to some legal researchers, the field, for the most part, does not seem to implicate the large-scale complexity and cost that has become associated with big science. These logistical differences, combined with a very strong cultural preference in legal academic circles for solitary work, could potentially keep team research from dominating the production of legal knowledge to the same extent that it has come to dominate the production of knowledge in other areas. On the other hand, the dominance of team research outputs and a shift towards team research has been observed in social sciences and …


Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Jan 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Cornell Law Librarians' Publications

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone Jan 2014

Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone

Faculty Publications & Other Works

No abstract provided.


Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner Jan 2014

Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner

Faculty Scholarship

Robert C. Berring has called West Publishing Company’s American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West’s digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring’s scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were …


Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn Jan 2014

Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn

All Faculty Scholarship

This article outlines the author's experience creating and teaching a specialized legal research course. It includes the reasons for offering such a course, tips for selecting a topic and developing a syllabus, getting the course approved, creating student interest, developing a teaching plan, and evaluating the course.


Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer Jan 2014

Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer

Faculty Publications

One of the most important contributions a law school can make is to the development of the law through scholarly research. As one of the three pillars of being an academic-the other two being teaching and service-producing legal scholarship in one's respective area of expertise is an enterprise that nearly all law schools would like to support. However, during these challenging times for legal education arising from enrollment declines and the resultant adverse budgetary impacts, fully supporting legal scholarship can be particularly challenging. Having served as Associate Dean for Research I at Washington & Lee University School of Law ("W …


Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Jan 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Faculty Scholarship

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene Jan 2014

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene

Faculty Scholarship

Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close …


On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda Jan 2014

On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda

Journal Articles

My essay is divided into two parts. In part one I share about the struggle I had to endure to even allow myself the opportunity to be influenced by my students. Institutional struggles and professorial expectations as to how the academy should operate were hurdles I had to clear. Also, I had personal hurdles of making the commitment that I did for over five years. In part two, I primarily focus on some of my law students’ scholarship over the past five years and reflect on the life changing influence they have had on me. Their work and dedication have …


Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal Jan 2014

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

Faculty Scholarship

No abstract provided.


The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards Jan 2014

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in the typical skills …


On Legal Scholarship, Danielle K. Citron, Robin West Jan 2014

On Legal Scholarship, Danielle K. Citron, Robin West

Shorter Faculty Works

Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …


Accessing Law: An Empirical Study Exploring The Influence Of Legal Research Medium, Katrina Fischer Kuh Jan 2014

Accessing Law: An Empirical Study Exploring The Influence Of Legal Research Medium, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The legal profession is presently engaged in an uncontrolled experiment. Attorneys now locate and access legal authorities primarily through electronic means. Although this shift to an electronic research medium radically changes how attorneys discover and encounter law, little empirical work investigates impacts from the shift to an electronic medium.

This Article presents the results of one of the most robust empirical studies conducted to date comparing research processes using print and electronic sources. While the study presented in this Article was modest in scope, the extent and type of the differences that it reveals are notable. Some of the observed …


A Writing Revolution: Using Legal Writing's 'Hobble' To Solve Legal Education's Problem, Kristen Konrad Robbins-Tiscione Jan 2014

A Writing Revolution: Using Legal Writing's 'Hobble' To Solve Legal Education's Problem, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The attached article responds to a 2011 article by John Lynch, published in the Journal of Legal Education, that urged legal writing faculty to return to an outmoded and ineffective writing pedagogy, the “product approach,” on the grounds that it would make teaching legal writing easier. This article builds on the work of Carol McCrehan Parker and others interested in writing across the curriculum and argues that the only way to reduce legal writing’s “hobble” and to solve legal education’s problem is to create a six-semester writing requirement. The reason law students are graduating without adequate preparation for practice is …