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Legal Writing and Research

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Full-Text Articles in Legal Education

A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers Sep 2019

A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers

Leslie A. Street

No abstract provided.


Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar Aug 2019

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

Adeen Postar

No abstract provided.


The Rhetoric Of Constitutional Law, Erwin Chemerinsky Aug 2019

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Erwin Chemerinsky

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …


Blogs And The Legal Academy, Orin S. Kerr Jul 2019

Blogs And The Legal Academy, Orin S. Kerr

Orin Kerr

This paper's focus is on today’s technology and ask whether blogs as we know them today are conducive to advancing scholarship. This paper's conclusion is that relative to other forms of communication, blogs do not provide a particularly good platform for advancing serious legal scholarship. The blog format focuses reader attention on recent thoughts rather than deep ones. The tyranny of reverse chronological order limits the scholarly usefulness of blogs by leading the reader to the latest instead of the best.

This doesn’t mean that blogs can’t advance scholarship. The impact of any blog depends on what its author decides …


Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus Jul 2019

Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus

Caroline L. Osborne

What is fake news? How did it arise? Why does recognizing fake news matter? How do we create information literate consumers in the legal community? This program will discuss the intersection of fake news and information literacy theory. We’ll provide an overview of the rise and proliferation of fake news including highlights of historical instances; a discussion of the impact of failing to detect fake news; and strategies for creating successful information literacy programming.


Using Technology To Teach The Flipped Classroom: A Presentation Of Various Tools, Techniques, And Tips, Duane R. Donahoe, Jessica Wherry, Shakira Pleasant, Kristen Murray Jun 2019

Using Technology To Teach The Flipped Classroom: A Presentation Of Various Tools, Techniques, And Tips, Duane R. Donahoe, Jessica Wherry, Shakira Pleasant, Kristen Murray

Shakira D. Pleasant

No abstract provided.


Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz May 2019

Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz

Rena C. Seplowitz

No abstract provided.


Teaching Students To Use Feedback To Improve Their Legal-Writing Skills, Lara Gelbwasser Freed, Joel Atlas Apr 2019

Teaching Students To Use Feedback To Improve Their Legal-Writing Skills, Lara Gelbwasser Freed, Joel Atlas

Joel Atlas

In an age in which writing-software programs tout formative feedback on student papers and advertise clear and compelling sentences, the roles of professor and student in the assessment and outcome-achievement process may appear passive, or even supplanted. Using feedback to improve learning, however, requires both professor and student to play active roles. In legal education, law professors are tasked with identifying and assessing learning outcomes. And much has been written about these tasks as they relate to both doctrinal and legal-writing courses. But less attention has been devoted to law students’ role in responding to feedback on their writing and …


Beyond The “Practice Ready” Buzz: Sifting Through The Disruption Of The Legal Industry To Divine The Skills Needed By New Attorneys, Jason G. Dykstra Apr 2019

Beyond The “Practice Ready” Buzz: Sifting Through The Disruption Of The Legal Industry To Divine The Skills Needed By New Attorneys, Jason G. Dykstra

Jason Dykstra

A heightened velocity of change enveloped the legal profession over the last two decades. From big law to rural practitioners, the traditional law firm model proved ripe for disruption. This disruption is fueled by several discrete changes in how legal services are provided, including technological advances that allow for the automation of many routine tasks and the disaggregation of legal services; enhanced client sophistication and cost-consciousness; global competition from offshoring routine legal services; the rise of the domestic gig economy, creating a new wave of home-shoring legal services; and competition from non-traditional legal services providers. In the face of declining …


Designing And Implementing Research Competency, Theresa K. Tarves, Anupama Pal, Nicole Downing Dec 2018

Designing And Implementing Research Competency, Theresa K. Tarves, Anupama Pal, Nicole Downing

Theresa Tarves

In 2013, the American Association of Law Libraries (AALL) adopted the Principles and Standards of Legal Research Competency (PSLRC) with the aim of identifying a set of legal research skills required to be considered competent n any practice setting. The five broad principles are each supported by more specific standards and demonstrable competencies. By outlining the required qualities, skills, and knowledge attributes of a successful legal researcher, the PSLRC act as a guide for legal research instructors to ensure that students are trained with the skills they need to succeed as new attorneys.


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge Jun 2018

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Mark Edwin Burge

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …


Toward A Universal Understanding Of The Value Of Legal Research Education (Reviewing Caroline Osborne, The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or Why Johnny And Jane Cannot Research), Elizabeth Adelman May 2018

Toward A Universal Understanding Of The Value Of Legal Research Education (Reviewing Caroline Osborne, The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or Why Johnny And Jane Cannot Research), Elizabeth Adelman

Elizabeth Adelman

No abstract provided.


Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson Dec 2017

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

Kari L. Aamot Johnson

No abstract provided.


Redefining Open Access For The Legal Information Market, James G. Milles Nov 2017

Redefining Open Access For The Legal Information Market, James G. Milles

James G. Milles

The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their …


Leaky Boundaries And The Decline Of The Autonomous Law School Library, James G. Milles Nov 2017

Leaky Boundaries And The Decline Of The Autonomous Law School Library, James G. Milles

James G. Milles

Academic law librarians have long insisted on the value of autonomy from the university library system, usually basing their arguments on strict adherence to ABA standards. However, law librarians have failed to construct an explicit and consistent definition of autonomy. Lacking such a definition, they have tended to rely on an outmoded Langdellian view of the law as a closed system. This view has long been discredited, as approaches such as law and economics and sociolegal research have become mainstream, and courts increasingly resort to nonlegal sources of information. Blind attachment to autonomy as a goal rather than a means …


Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman Nov 2017

Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman

Elizabeth Adelman

No abstract provided.


Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone Oct 2017

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

Marisol Florén-Romero

No abstract provided.


Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal Oct 2017

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

Sonia Katyal

No abstract provided.


中国法律检索教育新发展, Liying Yu, Ning Han Sep 2017

中国法律检索教育新发展, Liying Yu, Ning Han

Ning Han

本文通过问卷调查揭示中国法律检索教学领域的最新状况和发展趋势。该调查是作者2008年调查的继续,以期发现近年来国内该项教学的进展和变化。作者希望以中美法律图书馆员的视角对中国法律检索教学中诸如课程设置、教学方式、学分、考核评估等方面进行具体观察和分析;同时,对法律职业与法律教育者之间的反馈系统、学生对法律检索能力的认知、全国性指导标准等相关方面也有涉及。文章指出,当前,中国法律检索教学局限与机遇并存,特别是伴随信息与数据时代对社会经济文化的全面影响,中国法学教育改革适逢其时,法律检索教育也会不可避免地提到议事日程。而且,作者乐观地认为,中美法律图书馆员在其中的积极与促进作用也是无可替代的。


Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen Sep 2017

Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen

Ning Han

This article follows up on Liying Yu’s 2008 survey exploring the state of legal research instruction in Chinese law schools. The updated survey revisits the state of legal research instruction in China, explores several aspects not previously addressed, and discusses broader issues relevant to law librarianship in China such as management models, funding, staffing, and law librarian faculty status.


Why Write?, Erwin Chemerinsky Jun 2017

Why Write?, Erwin Chemerinsky

Erwin Chemerinsky

This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …


Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner May 2017

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

Darby Dickerson

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …


An Un-Uniform System Of Citation: Surviving With The New Bluebook, 26 Stetson L. Rev. 53 (1996), Darby Dickerson Jan 2017

An Un-Uniform System Of Citation: Surviving With The New Bluebook, 26 Stetson L. Rev. 53 (1996), Darby Dickerson

Darby Dickerson

No abstract provided.


Citation Frustrations--And Solutions, 30 Stetson L. Rev. 477 (2000), Darby Dickerson Jan 2017

Citation Frustrations--And Solutions, 30 Stetson L. Rev. 477 (2000), Darby Dickerson

Darby Dickerson

Working with citations is a fact of life on law journals. Because citation work is detail-oriented, requires great concentration, and is sometimes perceived as "drudge work,"' it often generates a high level of frustration among law review staff, editors, and authors.
This Article will address the primary frustrations suffered by each group and will propose solutions for alleviating those frustrations.


Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, 52 Vill. L. Rev. 21 (2007), Darby Dickerson Jan 2017

Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, 52 Vill. L. Rev. 21 (2007), Darby Dickerson

Darby Dickerson

No abstract provided.


Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine Dec 2016

Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine

Jan M. Levine

On December 3, 2016, the Duquesne University School of Law hosted the first national conference on drafting statutes and rules, as our fifth biennial conference on legal writing pedagogy, resulting in this issue of the Duquesne Law Review. The conference theme and agenda was developed by the faculty of the Legal Research and Writing Program and was supported by our law school administration and our generous alumni, with additional assistance from LexisNexis and Wolters Kluwer Legal Education. The theme of this conference was “Statutes and Rules: Pedagogy, Practice, and Politics.”


Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi Dec 2016

Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi

Linda Kawaguchi

The confluence of the crisis in legal education and the evolution of legal information presents the perfect opportunity for law schools to actively decide what the role of the law library should be, and to make considered, deliberate changes based on the best interests of the institution. The Dale E. Fowler School of Law at Chapman University recognized the opportunity to strengthen the institution by creating, essentially, a brand new law library. When I started at Chapman, I began a comprehensive assessment of law library operations; after six months, I recommended a complete reorganization, including the budget, collection, staff, and …


Is The Internet Rotting Oklahoma Law?, Lee Peoples Nov 2016

Is The Internet Rotting Oklahoma Law?, Lee Peoples

Lee Peoples

No abstract provided.


The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or “Why Johnny And Jane Cannot Research”, Caroline L. Osborne Sep 2016

The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or “Why Johnny And Jane Cannot Research”, Caroline L. Osborne

Caroline L. Osborne

None available.


Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon Aug 2016

Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon

Leslie Street

To examine how academic law libraries can respond to the call for more practice-oriented legal education, the authors compared trends in collection management decisions regarding secondary sources at academic and law firm libraries along with law firm librarians’ perceptions of law school legal research training of new associates.