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Legal Writing and Research Commons

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2015

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Institution
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Articles 1 - 30 of 57

Full-Text Articles in Legal Writing and Research

Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus Dec 2015

Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus

Michigan Journal of Gender & Law

LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …


Books Received, Georgia Journal Of International And Comparative Law Nov 2015

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Patent And Know-How Licensing In Japan And The United States, Terry K. Smith Nov 2015

Patent And Know-How Licensing In Japan And The United States, Terry K. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward), Dean Rusk Nov 2015

Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward), Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Inside Regulatory Interpretation: A Research Note, Christopher J. Walker Nov 2015

Inside Regulatory Interpretation: A Research Note, Christopher J. Walker

Michigan Law Review First Impressions

We now live in a regulatory world, where the bulk of federal lawmaking takes place at the bureaucratic level. Gone are the days when statutes and common law predominated. Instead, federal agencies—through rulemaking, adjudication, and other regulatory action—have arguably become the primary lawmakers, with Congress delegating to its bureaucratic agents vast swaths of lawmaking power, the President attempting to exercise some control over this massive regulatory apparatus, and courts struggling to constrain agency lawmaking within statutory and constitutional bounds. This story is not new. Over two decades ago, for instance, Professor Lawson lamented the rise of the administrative state and …


Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland Oct 2015

Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland

The Journal of Appellate Practice and Process

No abstract provided.


Strategi Komunikasi Dalam Advokasi Hasil Penelitian (Studi: Mahasiswa Klinik Hukum Anti Korupsi Fakultas Hukum Unpad Tahun 2014), Nur Atnan Sep 2015

Strategi Komunikasi Dalam Advokasi Hasil Penelitian (Studi: Mahasiswa Klinik Hukum Anti Korupsi Fakultas Hukum Unpad Tahun 2014), Nur Atnan

Jurnal Hukum & Pembangunan

Contribution of Anti Corruption Legal Clinic of Faculty of Law Unpad is making change through research report‟s advocacy. Advocacy aimed to give more advamtage and meaning to the research conducted by the students. However by the observation of the writer, research report‟s advocacy in 2014 has not give significant support to the expexted changes. Writer interested to take research in this activity to analyse communication strategy in research report‟s advocacy. Research conducted by qualitative method through interview and researcher involved in every students‟ activity. Research shows that the main components in communication strategy in advocacy are communication planning, actuating and …


Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis Fuentes-Rohwer Sep 2015

Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was …


Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong Sep 2015

Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong

Michigan Journal of International Law

Unlike many types of domestic arbitration where unreasoned awards (often called “standard awards”) are the norm, international commercial arbitration routinely requires arbitrators to produce fully reasoned awards. However, very little information exists as to what constitutes a reasoned award in the international commercial context or how to write such an award. This lacuna is extremely problematic given the ever-increasing number of international commercial arbitrations that arise every year and the significant individual and societal costs that can result from a badly written award. Although this Article is aimed primarily at specialists in international commercial arbitration, the material is also useful …


A Response To Douglas J. Feith's Law In The Service Of Terror - The Strange Case Of The Additional Protocol, Waldemar A. Solf Jul 2015

A Response To Douglas J. Feith's Law In The Service Of Terror - The Strange Case Of The Additional Protocol, Waldemar A. Solf

Akron Law Review

In the article mentioned in the title, Douglas J. Feith, Deputy Assistant Secretary of Defense for International Negotiation, characterizes the 1977 Protocol I Additional to the 1949 Geneva Conventions as a "pro-terrorist treaty masquerading as humanitarian law."


Persuading Quickly: Tips For Writing An Effective Appellate Brief, Jane R. Roth, Mani S. Walia Jul 2015

Persuading Quickly: Tips For Writing An Effective Appellate Brief, Jane R. Roth, Mani S. Walia

The Journal of Appellate Practice and Process

No abstract provided.


Effective Appellate Advocacy Before The Federal Circuit: A Former Law Clerk's Perspective, Rachel Clark Hughey Jul 2015

Effective Appellate Advocacy Before The Federal Circuit: A Former Law Clerk's Perspective, Rachel Clark Hughey

The Journal of Appellate Practice and Process

No abstract provided.


Preface, Robert S. Shafer Jul 2015

Preface, Robert S. Shafer

The Journal of Appellate Practice and Process

No abstract provided.


Law Reviews And The Migration To Cyberspace, M. Ethan Katsh Jul 2015

Law Reviews And The Migration To Cyberspace, M. Ethan Katsh

Akron Law Review

I am very pleased to contribute an introduction to this issue of the Akron Law Review, the first to appear both in print and on the World Wide Web. There are very few law reviews that have surfaced, thus far, on the World Wide Web. The editors who decided to take this step deserve our respect and admiration. Their decision reflects an understanding that the world of publishing and distributing information has begun to change, and begun to change in a significant way.


The History And Influence Of The Law Review Institution, Michael L. Closen, Robert J. Dzielak Jul 2015

The History And Influence Of The Law Review Institution, Michael L. Closen, Robert J. Dzielak

Akron Law Review

The "academic scholarship" to which Cardozo referred related principally to the articles appearing in law reviews of the law schools during that period in time. Almost immediately upon their establishment, the student-edited law reviews became a significant and lasting feature of legal education in the United States. Since the publication of the first student-edited law review in the 1870s, the law review institution has advanced to the stage where today, more than 400 such periodicals are published. Their history, though interesting in itself, provides many insights into the development of legal education generally.


Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann May 2015

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …


Foreword, Senator Ted Cruz May 2015

Foreword, Senator Ted Cruz

Touro Law Review

No abstract provided.


Tribute To Gail F. Zwirner, Paul M. Birch May 2015

Tribute To Gail F. Zwirner, Paul M. Birch

University of Richmond Law Review

No abstract provided.


Dedication To Dean Timothy L. Coggins, W. Clark Williams Jr. May 2015

Dedication To Dean Timothy L. Coggins, W. Clark Williams Jr.

University of Richmond Law Review

No abstract provided.


"Response To Book Review", Richard Dale Apr 2015

"Response To Book Review", Richard Dale

Georgia Journal of International & Comparative Law

No abstract provided.


Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher Apr 2015

Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher

Journal of Experiential Learning

No abstract provided.


Escape From The Navel-Gazing Academy: A Modest Proposal For Student-Edited Legal Scholarship, Michael Klinger Apr 2015

Escape From The Navel-Gazing Academy: A Modest Proposal For Student-Edited Legal Scholarship, Michael Klinger

UC Irvine Law Review

No abstract provided.


Making The Peg Fit The Hole: A Superior Solution To The Inherant Problems Of Incorporated Definitions, Lindsey P. Gustafson Apr 2015

Making The Peg Fit The Hole: A Superior Solution To The Inherant Problems Of Incorporated Definitions, Lindsey P. Gustafson

University of Arkansas at Little Rock Law Review

No abstract provided.


The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow Apr 2015

The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow

Michigan Law Review

In the 1979 inaugural issue of the Michigan Law Review’s annual survey of books related to the law, Professor Cavers wrote an enthusiastic and hopeful introduction. He characterized the journal’s effort as a “bold innovation” that would benefit lawyers; law professors, both domestic and foreign; scholars in other disciplines, such as the social sciences; and the marketplace of ideas generally. As the annual survey approached its twentieth anniversary, Professor Schneider provided a fascinating, frank description of the Book Review issue’s origins during his tenure as the Michigan Law Review’s Editor- in-Chief. Happily, this annual Book Review issue continues to thrive. …


Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo Apr 2015

Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo

Notre Dame Law Review Reflection

This Article analyzes the citation patterns of the Indiana Supreme Court and the Indiana Court of Appeals from 2012 and 2013. The research underlying this Article involved a study of 1324 opinions from that time period. In those opinions, the Indiana appellate courts cited to out-of-state judicial decisions 738 times. This Article analyzes those citations to test the hypothesis that state courts are more likely to turn to decisions of geographically proximate state courts for guidance when homespun precedent is lacking. The evidence points to the conclusion that, while geographical proximity bears on persuasiveness, it does not cross regional divides. …


Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary Mar 2015

Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary

University of Massachusetts Law Review

The introduction to the issue discusses the history of UMass Law Review and its contribution to legal scholarship.


Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton Mar 2015

Book Review: International Encyclopedia Of Comparative Law Xi Torts (1983), Thomas A. Eaton

Georgia Journal of International & Comparative Law

No abstract provided.


Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal Mar 2015

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

Touro Law Review

No abstract provided.


Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini Mar 2015

Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini

Touro Law Review

No abstract provided.


The Associate Dean For Research In The Age Of The Internet, B. Jessie Hill Mar 2015

The Associate Dean For Research In The Age Of The Internet, B. Jessie Hill

Touro Law Review

No abstract provided.