Legal Writing and Research Commons^™

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert Bloom

No abstract provided.

The Quandary Of Serving Multiple Masters: An Institutional Exploratory Analysis Of Publishing In Business Law, Robert S. Rubin, John R. Olson, Laura Hartman, James A. Belohlav

ExpressO

Notwithstanding published articles on the nature and quality of research and scholarship in practically every other business discipline, to date there has been little systematic evaluation of relevant journals in the business law discipline. This deficiency is due, in part, to the fact that business law may still be described as a developing discipline. Thus, the focus of this article is on delineating the nature of research and scholarship within the business law discipline. Specifically, the publishing practices of business law faculty from academic institutions that were members of the Association to Advance Collegiate Schools of Business (AACSB International), the …

Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller

Faculty Scholarship

The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …

Critiquing As An Opportunity, Joel Atlas

Cornell Law Faculty Publications

The path of critiquing a paper is, in all but a rare case, laced with mines: poorly constructed sentences, non-thematic paragraphs, and mangled legal standards. But rather than view these as trip interruptions, perhaps teachers can view them as challenges. After all, every student error is a learning opportunity for that student.

Law Student Plagiarism: Why It Happens, Where It's Found, And How To Find It, Kristin Gerdy

Brigham Young University Education and Law Journal

The author explores why law students plagiarize and how to detect it using both personal and technological methods.

Embracing The Writing-Centered Legal Process, Suzanne Ehrenberg

All Faculty Scholarship

No abstract provided.

Evidence? Or Emotional Fuel?, Robert E. Precht

Law Quadrangle (formerly Law Quad Notes)

The following excerpt is from Defending Mohammad: Justice on Trial (Cornell University Press, 2003), by Robert E. Precht, and appears here with permission of Cornell University Press. The excerpt is from Chapter 8, "Relevance and Prejudice." The book is based on the author's experience as public defender for Mohammad Salameh, the lead suspect in the 1993 bombing of the World Trade Center.

Damages As Narrative, Melody Richardson Daily

Faculty Publications

The traditional approach to legal instruction in America-the casebook method-requires students to read hundreds of appellate decisions, most of which include equally terse accounts of human suffering. How might this pedagogical approach affect future lawyers? Can reading a book like Damages help law students develop the ability to empathize with their clients?

Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman

Joel Fishman

This article celebrates forty years of publication of the Duquesne Law Review.

Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman

Joel Fishman

Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.

Foreword, Helen Meyer

William Mitchell Law Review

The William Mitchell Law Review has decided once again to dedicate one issue of this annual volume to Recent Decisions of the Minnesota Supreme Court. This issue reviews some of the court’s more important decisions from the 2003-04 term. If tradition is honored, the articles and notes you find in these pages will be thorough, well-written, and thoughtful in their analysis of each decision. This annual review is a tradition that gives our legal community a wonderful opportunity to publicly comment on the work of the court. This public testing of the court’s work is a healthy part of the …

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

Journal Articles

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 …

Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes

Articles, Book Chapters, & Popular Press

The article has two parts. Part II discusses the materials we reviewed to inform the development of a queer legal pedagogy. In particular, it examines the categories of queer legal scholarship and highlights the contributions of other outsider scholars to legal education debates. Early in our research, we found limited material on queer legal pedagogy, and we discovered nothing that posited a theoretical approach. We did, however, find rich resources written by other outsiders to law from which some design principles for queer legal pedagogy might be drawn. We should note at the outset that our goal in this Part …

The Battle Over Citation Form Brings Notice To Lrw Faculty: Will Power Follow?, Julie M. Cheslik

Faculty Works

No abstract provided.

Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman

Articles & Chapters

The rhetorical skill necessary to speaking and writing persuasively may be studied with great profit by exploring realms of knowledge far from the courtroom and the law office. Literature naturally comes to mind as a rich resource for the study of persuasion. For this essay, I have chosen a well-known set of speeches that appear in William Shakespeare's Julius Caesar to illustrate various aspects of persuasion.

In the play's most riveting scene, Marcus Brutus and Mark Antony speak before a crowd of Romans, giving their opposing views of the assassination of Caesar. Brutus claims justification for his and his co-conspirators' …

Irlafarc! A Survey On The Language Of Legal Writing, Terrill Pollman

Scholarly Works

Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …

Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley

Scholarly Works

In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …

Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross

Articles & Chapters

No abstract provided.

A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar

Articles

When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.

Book Review Of Mark E. Wojcik, Illinois Legal Research (2003), Jennifer Locke Davitt

Georgetown Law Faculty Publications and Other Works

Designed as a "teaching tool rather than a bibliographic compilation of state legal research sources" (p.xviii), "Illinois Legal Research" provides practical instruction primarily to law students. It can also serve as a ready reference tool for practitioners and others interested in researching laws specific to Illinois.

Mark Wojcik, associate professor of law at the John Marshall Law School in Chicago, begins with a quick review of basic legal research methods and gives tips for developing effective and efficient research skills. He transitions into in-depth explanations of Illinois law, covering topics such as constitutions, judicial decisions, statutes and ordinances, administrative law, …

My Dinner At Langdell's, Pierre Schlag

Publications

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.

Tribute To Yale Kamisar, Ruth Bader Ginsburg

Michigan Law Review

When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.

Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper

Michigan Law Review

Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert M. Bloom

No abstract provided.

Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein

Adam Epstein

A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).

Bankruptcy And Sport Management, Adam Epstein

Adam Epstein

A discussion of the relationship between bankruptcy law and sport studies including sports management and sports law. A history of bankruptcy laws is presented, including relevancy between today and its ancient Roman roots. A list of teams and individuals (through 2003) who have filed for bankruptcy provides a springboard for further research. The differences between Chapter 7, Chapter 11 and Chapter 13 bankruptcy is presented in the context of sport. Particular emphasis is given to the bankruptcy filings by Cannondale bicycle manufacturer and sports agent David Dunn.

Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein

Adam Epstein

Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, …

Body Blow: Boxer Chases Ambulance And Wins Judgment, Adam Epstein

Adam Epstein

Case analysis and discussion of Maldonado v. Gateway Hotel Holdings, L.L.C., 2003 Mo. App. LEXIS 1577, in which the Missouri appellate court upheld a trial court decision as a professional boxer was awarded $13.7 million in compensatory damages for a hotel's failure to provide an ambulance on site after the match was over even though it had subcontracted responsibility for the event with a promoter.