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Full-Text Articles in Legal Writing and Research

Stylish Legal Citation, Alexa Z. Chew Jan 2019

Stylish Legal Citation, Alexa Z. Chew

Working Papers

Can legal citations be stylish? Is that even a thing? Yes, and this Article explains why and how. The usual approach to writing citations is as a separate, inferior part of the writing process, a perfunctory task that satisfies a convention but isn’t worth the attention that stylish writers spend on the “real” words in their documents. This Article argues that the usual approach is wrong. Instead, legal writers should strive to write stylish legal citations—citations that are fully integrated with the prose to convey information in a readable way to a legal audience.

Prominent legal style expert ...


Justice Kennedy And The First Amendment, David L. Hudson Jr. Jan 2019

Justice Kennedy And The First Amendment, David L. Hudson Jr.

Law Faculty Scholarship

This essay reviews some of Justice Anthony Kennedy’s most significant contributions to First Amendment jurisprudence. These include his calls for absolute protection for pure political speech, his strong protection for commercial speech, his distaste for campaign finance reform laws that censored speech, his general concern for the silencing of sexual expression, his coercion test in Establishment Clause cases, and his significant failure in the public-employee free-speech decision Garcetti v. Ceballos.


A Bibliography Of Faculty Scholarship, Law Library Jan 2019

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston Dec 2018

Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston

Alyssa Thurston

This bibliography compiles selected secondary and primary materials on physician-assisted death. Secondary sources include books, book chapters, law review and law journal articles, bibliographies, websites, and current awareness materials, and are mostly limited to publication dates of 2007-2018. Most of the included materials focus on the United States, but a number of sources also discuss other countries and one section is devoted to international experiences with physician-assisted death.


Approaches To Justice, Katie Pleiss Nov 2018

Approaches To Justice, Katie Pleiss

Georgia Undergraduate Research Conference (GURC)

Approaches to Justice

How do we seek justice in this country? What issues surround incarceration? How are the effects of mass incarceration felt in local communities? I am currently addressing these research questions, among others, as I engage with the criminal justice system through my year-long research at Emory’s Oxford College and in prisons and with nonprofits throughout Georgia. I am reading and evaluating texts centering around theories of incarceration, the death penalty, and criminal justice reform, including Bryan Stevenson’s Just Mercyand Michelle Alexander’s New Jim Crow. I also interned with The Georgia Innocence Project this ...


Index To Tenielle Fordyce-Ruff's Advocate Articles, Tenielle Fordyce-Ruff Nov 2018

Index To Tenielle Fordyce-Ruff's Advocate Articles, Tenielle Fordyce-Ruff

Faculty Scholarship

This document functions as an index to help readers to navigate Professor Fordyce-Ruff's Advocate column articles better.


Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom Oct 2018

Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom

Dickinson Law Review

Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.

To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work ...


Front Matter Oct 2018

Front Matter

Dickinson Law Review

No abstract provided.


Visibly (Un)Just: The Optics Of Grand Jury Secrecy And Police Violence, Nicole Smith Futrell Oct 2018

Visibly (Un)Just: The Optics Of Grand Jury Secrecy And Police Violence, Nicole Smith Futrell

Dickinson Law Review

Police violence has become more visible to the public through racial justice activism and social justice advocates’ use of technology. Yet, the heightened visibility of policing has had limited impact on transparency and accountability in the legal process, particularly when a grand jury is empaneled to determine whether to issue an indictment in a case of police violence. When a grand jury decides not to indict, the requirement of grand jury secrecy prevents public disclosure of the testimony, witnesses, and evidence presented to the grand jury. Grand jury secrecy leaves those who have seen and experienced the act of police ...


Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam Oct 2018

Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam

Dickinson Law Review

President Trump’s currently litigated “transgender ban,” which excludes transgender persons from military service, is premised in part upon a claim that transgender persons’ presence in the military adversely affects “unit cohesion.” This use of identity- based “unit cohesion” as a justification for excluding a group from military service is the latest episode in a long history of the government asserting “unit cohesion” to justify excluding people from military service based on their identities. This Article contends that unit cohesion, when premised on identity, is always an impermissible justification for exclusion from military service because it is unconstitutional animus. Though ...


The Need To Revisit Legal Education In An Era Of Increased Diagnoses Of Attention-Deficit/Hyperactivity And Autism Spectrum Disorders, Heidi E. Ramos-Zimmerman Oct 2018

The Need To Revisit Legal Education In An Era Of Increased Diagnoses Of Attention-Deficit/Hyperactivity And Autism Spectrum Disorders, Heidi E. Ramos-Zimmerman

Dickinson Law Review

The ever-fluctuating rhetoric from experts, in the field of neurodevelopmental disorders, has led to outdated notions and perplexity surrounding attention deficit/hyperactivity disorder (ADHD) and autism spectrum disorders (ASD). This Article tries to clarify some of the confusion. Better understanding of these disorders is imperative for today’s law professor, since law schools are likely admitting more students diagnosed with ADHD and ASD. This Article discusses the need for change in legal instruction and explores the link between the two disorders. An examination of recent history illuminates some of the commonly held misunderstandings and highlights the disparity in the diagnoses ...


The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky Oct 2018

The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky

Dickinson Law Review

The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.

The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly ...


The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips Oct 2018

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips

Dickinson Law Review

Despite global condemnation, sex trafficking continues to plague our world. Even in developed countries, the problem persists. Technological advancements, like the Internet, have spurred the development of organized sex trafficking networks and have made “transactions” easier. Although law enforcement agencies have tried to adapt their investigative techniques to combat the problem, developments in technology move at a much quicker rate.

Autonomous vehicles (AVs) will present a new set of challenges for law enforcement agencies in the fight against sex trafficking. In the not-too-distant future, AVs, or “self-driving cars,” will dominate the roadways. An AV will be completely aware of the ...


Coinsensus: The Need For Uniform National Virtual Currency Regulations, Anisha Reddy Oct 2018

Coinsensus: The Need For Uniform National Virtual Currency Regulations, Anisha Reddy

Dickinson Law Review

Google search volume for bitcoin and bitcoin-related keywords increased by as much as 1000 percent in 2017 from previous years. This increased interest comes hand-in-hand with increased regulatory and legislative scrutiny. Currently, there is disparate regulation for virtual currencies across national and state borders alike. States’ promulgation of various and incongruous virtual currency regulations have forced service providers to withdraw from different states within the country. However, transactions are not contained within state lines, and disparate state-by-state regulation is impracticable.

The Uniform Law Commission recognized the need for uniform guidance for those entering the North American market and drafted the ...


Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2018

Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law 'Reviews'? The Changing Roles Of Law Schools And The Publications They Sponsor, Leslie Francis Oct 2018

Law 'Reviews'? The Changing Roles Of Law Schools And The Publications They Sponsor, Leslie Francis

Utah Law Faculty Scholarship

The current structure of law reviews is deeply problematic. It does not serve students, law faculty, or legal scholarship very well. There is much to learn from the early development and changes in law reviews over the years to inform law schools as they reevaluate the role of their journals in the education they provide their students and in the lives of their faculty.


This Book Is Just My Type, Jennifer Babcock Oct 2018

This Book Is Just My Type, Jennifer Babcock

Publications

Jennifer Babcock reviews Typography for Lawyers by Matthew Butterick (2d ed., O'Connor's 2015), 240 pages.


The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May Oct 2018

The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May

Law Faculty Articles and Essays

I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.


Table Of Contents And Masthead, Cameron Fraser Sep 2018

Table Of Contents And Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Tenielle Fordyce-Ruff, Jason G. Dykstra Sep 2018

Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Tenielle Fordyce-Ruff, Jason G. Dykstra

Faculty Scholarship

Remember, at our core, attorneys are advocates, and one of the purposes of citation is to prove to the reader that she can trust one's research-to prove that the law is what one states it is and that it works the way one stated it does.

In addition to understanding the language of citation and using the correct form, citation can also increase the level of trust one's reader will have in one's positions in two ways: signals and explanatory parentheticals.


Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2018

Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Legal Citation Part Ii: Tips & Tricks To Avoid Common Errors, Tenielle Fordyce-Ruff, Jason G. Dykstra Aug 2018

Legal Citation Part Ii: Tips & Tricks To Avoid Common Errors, Tenielle Fordyce-Ruff, Jason G. Dykstra

Faculty Scholarship

This article goes over quick and easy tips to help one avoid the most common citation typeface and abbreviation errors often seen in practitioner filings.


Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2018

Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus Aug 2018

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main ...


Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson Jul 2018

Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson

Brian Larson

This presentation describes an empirical study that asks whether lawyers and judges use legal analogy on a day-to-day basis in a manner that reflects normative standards of reasonableness and rationality. From a theoretical perspective legal philosophers deny, transform, or mystify legal analogy, but lawyers and judges use it every day without comment. The question is important because we expect lawyers and judges use legal analogy thousands of times per day and law schools teach it as a basic skill. The argumentation schemes of informal logic supply a theoretical framework in the form of an argumentation scheme, but we do not ...


How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano Jul 2018

How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano

Brian Larson

As academic disciplines mature, professors with specialized interests within their field often gravitate toward each other to pursue their interests collectively. Eventually, members of a group might find themselves collaborating on presentations, articles, or similar endeavors, with the goal of advancing an academic specialty.

To our knowledge, however, few such groups appear to exist in the LRW community (notable exceptions: applied legal storytelling; LWI’s Discipline-Building Working Group’s bibliography program). Our presentation hopes to model how LRW professors can come together to explore a single aspect of the legal writing field. We’ll discuss how we brought together over ...


Tweets To A Young 1l, Rachel I. Gurvich Jul 2018

Tweets To A Young 1l, Rachel I. Gurvich

Faculty Publications

A series of eleven tweets ruminating about the author's law school experience received a positive and enthusiastic response from many lawyers, law professors, and law students, and ultimately caught the eye of one of the Green Bag’s editors. This short piece unpacks and contextualizes those tweets. The original tweets appear below, numbered as they first appeared on Twitter.


De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman Jun 2018

De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman

Seattle University Law Review

Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few ...


Chinese And American Forum On Legal Information And Law Libraries: Highlights From Hangzhou, Ning Han, Evelyn Ma, Wei Luo May 2018

Chinese And American Forum On Legal Information And Law Libraries: Highlights From Hangzhou, Ning Han, Evelyn Ma, Wei Luo

Ning Han

The Fifth Biennial Conference of the Chinese and American Forum on Legal Information and Law Libraries (CAFLL) was held in Hangzhou, China, June 1-2, 2017. More than sixty law school deans, law librarians, and law professors from more than fifty law schools in China attended the conference. Overseas attendees included more than twenty-five law librarians and library directors from Germany, Canada, as well as the presidents of the American Association of Law Libraries (AALL) and International Association of Law Libraries (IALL).


Table Of Contents And Masthead, Cameron Fraser May 2018

Table Of Contents And Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.