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Legal Writing and Research

2012

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Articles 1 - 23 of 23

Full-Text Articles in Legal Profession

Books Of Legal And Business Forms: Encyclopedia Of General Business And Legal Forms, By Clarence F. Birdseye; Manual Of Substantive Law Forms, By Clarence F. Birdseye, Robert C. Brown Dec 2012

Books Of Legal And Business Forms: Encyclopedia Of General Business And Legal Forms, By Clarence F. Birdseye; Manual Of Substantive Law Forms, By Clarence F. Birdseye, Robert C. Brown

Dr Robert Brown

No abstract provided.


For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon Dec 2012

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.


Five Useful Online Resources For Solo Practitioners, Jennifer R. Mart-Rice Nov 2012

Five Useful Online Resources For Solo Practitioners, Jennifer R. Mart-Rice

Jennifer Mart-Rice

No abstract provided.


Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz Oct 2012

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.


Introduction To Common Law Reasoning And Method, E. Joan Blum Jul 2012

Introduction To Common Law Reasoning And Method, E. Joan Blum

E. Joan Blum

A class conducted for visiting students from Renmin University in Beijing on common law reasoning and methods. This class was also given in July 2014 at Boston College Law School.


Challenges In Drafting Verdicts, E. Joan Blum Jun 2012

Challenges In Drafting Verdicts, E. Joan Blum

E. Joan Blum

No abstract provided.


A Methodology For Drafting Verdicts, E. Joan Blum May 2012

A Methodology For Drafting Verdicts, E. Joan Blum

E. Joan Blum

Professor Blum conducted a training on verdict drafting for a group of 30 judges of all levels of courts from both Entities within Bosnia and Herzegovina, including the President of the Supreme Court of the Federation and a Supreme Court justice from Republika Srpska.


The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola May 2012

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …


Organizational Alliances By U.S. Schools, Elizabeth Chambliss May 2012

Organizational Alliances By U.S. Schools, Elizabeth Chambliss

Faculty Publications

U.S. law schools increasingly are forming organizational alliances with other training providers in the interests of market expansion and/or consolidation. At the top of the market, U.S. law schools are seeking to brand their positions within the global economy by forming alliances with elite foreign law schools, business schools, and corporate law firms and clients. Schools outside of this market are moving to establish alternative niches through alliances with solo and small firm practitioners, CLE providers, and other organizations serving low-and middle-income clients, as well as through the development of accelerated and/or specialty degrees. Schools at all levels are increasingly …


Lawyers And Their Books: The Augusta County Law Library Association, 1853-1883, Gregory Harkcom Stoner May 2012

Lawyers And Their Books: The Augusta County Law Library Association, 1853-1883, Gregory Harkcom Stoner

Masters Theses

During the eighteenth and nineteenth century, law books of various types contained the vital information needed by Virginia’s practicing attorneys and judges. Access to these resources, however, was generally limited to personal collections and a handful of libraries. Despite numerous calls for the creation of libraries by theVirginiagovernment, state legislators took little action of note.

This study explores the history and origins of law libraries in Virginia by focusing on the formation and evolution of the Augusta County Law Library Association, one of the first libraries organized in Virginia under state legislation enacted in 1853 that authorized the creation of …


"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan Apr 2012

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Donald J. Kochan

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …


Freedom To Achieve: The Future Of Student-Led Organizations Within The Public School System, Braden W. Johnson Apr 2012

Freedom To Achieve: The Future Of Student-Led Organizations Within The Public School System, Braden W. Johnson

Braden W Johnson

On-campus religious organizations have received special protections according to their First Amendment rights and the Equal Access Act of 1984. As more controversial organizations have been incorporated within the public school system, school administrators have found it increasingly hard to control the effects of these groups. This article argues for a revision to the Equal Access Act which strengthen's a school's ability to place restrictions on the formation of controversial clubs.


The Gentleman From New York: Congressional Discipline In The Light Of Powell V Mccormack, Braden W. Johnson Apr 2012

The Gentleman From New York: Congressional Discipline In The Light Of Powell V Mccormack, Braden W. Johnson

Braden W Johnson

In this article, I examines the seating controversy between Rep. Adam Clayton Powell, Jr. and the House of Representatives, and describe the Supreme Court's protection of Powell's right to be seated. Furthermore, I argue that this precedent influenced the Senate to seat Roland Burris, the embattled Illinois Senator appointed by Gov. Rod Blagojevich, without delay.


Judicial Externship Evalution Online Version, Taras Zenyuk Mar 2012

Judicial Externship Evalution Online Version, Taras Zenyuk

Taras Zenyuk

You who are on the road must have a code that you can live by and so become yourself because the past is just a good bye. Teach your children well their father's hell did slowly go by and feed them on your dreams the one they picked the one you'll know by...


The Elementary Guide To 'Moot Court', Lucky Michael Mgimba Mr. Mar 2012

The Elementary Guide To 'Moot Court', Lucky Michael Mgimba Mr.

Lucky Michael Mgimba

Moot Court is an extracurricular activity that allows law students to take part in simulated court proceedings. Participants focus their arguments on a hypothetical case based on international law or municipal law depending on the nature of the case itself and the court in which it is submitted.

Participation in moot court has proven to be an exceptionally re-warding educational experience, which provides law students with the opportunity to think critically about important issues and speak confidently in front of panels of judges, but it further creates in them better understanding in the laws they theoretically study in class sessions …


Legal Ethics In The Digital Age, Susan David Demaine, Andrew R. Falk, Catherine A. Lemmer, Cheryl L. Niemeier Jan 2012

Legal Ethics In The Digital Age, Susan David Demaine, Andrew R. Falk, Catherine A. Lemmer, Cheryl L. Niemeier

Books & Book Chapters by Maurer Faculty

Ms. deMaine's contribution to the seminar is: "Legal Ethics in the Digital Age"


Regulating From Typewriters In An Internet Age: The Development & Regulation Of Mass Media Usage In Presidential Campaigns, Anthony J. King Jan 2012

Regulating From Typewriters In An Internet Age: The Development & Regulation Of Mass Media Usage In Presidential Campaigns, Anthony J. King

Anthony J. King

The American election process has become a misleading process of campaign promises and self-promotion, thus diluting its primary and most fundamental purpose. This discrepancy can be traced to three primary groups; (1) the candidates, who supplied the motive; (2) the mass media, who supplied the means; and (3) the electorate, who so far have allowed it to happen. Seeking to remedy the situation lawmakers have turned to regulations of the media in attempt to assure fairness and nurture the marketplace of ideas. These numerous attempts at fairness have been met with a mixed reception and mixed results leading to questions …


Одеська Школа Права (Сучасність) | Odessa School Of Internationa Law, Timur R. Korotkiy Jan 2012

Одеська Школа Права (Сучасність) | Odessa School Of Internationa Law, Timur R. Korotkiy

Timur R. Korotkiy

Пашковський М. Одеська школа права (сучасність) / М. Пашковський, Т. Короткий // Міжнародне право. – 2012. – № 1. – С.140-160.

The article investigates the present stage of the existence of the science of international law. It outlined the major milestones of the historical development and current state of the Odessa School of International Law. Named the directions of scientific work of the Odessa School of International Law.

Статья посвящена исследованию современного этапа существования науки международного права. Очерчены основные вехи исторического развития и современного состояния Одесской школы международного права. Названы направления научной работы Одесской школы международного права.

Стаття присвячена дослідженню …


Judicial Behavior And Religious Language, Braden W. Johnson Jan 2012

Judicial Behavior And Religious Language, Braden W. Johnson

Braden W Johnson

This study provides qualitative and quantitative evidence supporting the premise that the court of venue where a case is tried (Dependent Variable) strongly affects the number of religious references used by the judges in their published opinion (Independent Variable). The data set is from a content analysis of 15 lower court cases and their 15 corresponding Supreme Cases. I find that the US Supreme Court is far more likely to use religious and moralistic references than any lower court. This evidence is used to support the idea that a significant quantity of lower court judges do not vote solely on …


Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill Jan 2012

Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

Like many law professors, I have coached my share of moot court teams. As you probably know, in most competitions students either choose or are assigned one side of the case to brief. But for the oral argument segment of the competition, students must argue both sides of the case, “on-brief” and “off-brief,” often in alternate rounds.

At the end of a competition, with their heads still swimming with arguments and counterarguments, students will sometimes ask, “OK, so can you tell us which is the correct side?” I always say, “Of course I can. . . . The correct side …


A Shift To Narrativity, Derek H. Kiernan-Johnson Jan 2012

A Shift To Narrativity, Derek H. Kiernan-Johnson

Publications

Slipshod, inconsistent use of core Applied Legal Storytelling terminology muddles its discourse and hampers its growth. Refining the field’s vocabulary is essential, but insufficient, as exclusive focus on the field’s objects of inquiry, such as story and narrative, and the means of creating or conveying them, such as storytelling and narrating, risks losing the “A” in ALS. We need a new focus, one unburdened by the ambiguities and negative associations of existing options that more accurately reflects Applied Legal Storytelling scholars’ unique contributions. A shift to narrativity. Narrativity, as imagined here, is a top-level quality of a legal text or …


Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams Jan 2012

Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams

Faculty Publications

In a recent high-profile prosecution, the federal district court criticized defense counsel for filing a post-trial brief that copied passages from previously published material without attribution. The court followed other recent decisions that, since about 2000, have chastised lawyers for briefs marked by plagiarism. Some lawyers had copied passages from earlier judicial opinions that rest in the public domain, and some lawyers (as in the recent prosecution) had copied passages from private sources that are subject to the copyright laws. In either event, courts have labeled lawyers’ plagiarism “reprehensible,” “intolerable,” “completely unacceptable,” and “unprofessional.”


Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira Dec 2011

Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira

Aleksandra M de Medeiros Vieira

No abstract provided.