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Articles 1 - 30 of 86
Full-Text Articles in Legal Writing and Research
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson
Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson
Maine Law Review
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 …
Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson
Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson
Maine Law Review
Access to justice is an important aspirational goal for everyone in the legal profession. Lawyers, however, cannot provide access to justice without adequate practical skills and the tools necessary to complete their work. Lawyers and law students provide many hours of public and pro bono service every year. With the current state of the economy and the record jobless rate, it is likely that the need for low cost and free legal services will continue to grow. In order to carry out the mission of continuing to provide services to those in need, law students must prepare learn the practical …
Cleaning Up Quotations, Jack Metzler
Cleaning Up Quotations, Jack Metzler
The Journal of Appellate Practice and Process
No abstract provided.
New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary Gildin
New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary Gildin
Dickinson Law Review (2017-Present)
No abstract provided.
Rat Race: Insider Advice On Landing Judicial Clerkships, Ruggero J. Aldisert, Ryan C. Kirkpatrick, James R. Stevens Iii
Rat Race: Insider Advice On Landing Judicial Clerkships, Ruggero J. Aldisert, Ryan C. Kirkpatrick, James R. Stevens Iii
Dickinson Law Review (2017-Present)
For many, the judicial clerkship application process is, to quote Sir Winston Churchill, a “riddle wrapped in a mystery inside an enigma.” It is a frenzied “Pamplona-like” atmosphere that begins on Labor Day +1 and continues unabated for several weeks. The initial week is the make or break point in the application review process because it is then that the judge starts to read each application and makes a “yes” or “no” evaluation. If his vote is a “no,” then no further action is taken. If it is a “yes,” the application passes to the law clerks, who then begin …
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Dickinson Law Review (2017-Present)
No abstract provided.
Uniform Commercial Acts, Samuel Williston
Uniform Commercial Acts, Samuel Williston
Dickinson Law Review (2017-Present)
No abstract provided.
Introduction To Section Iv: Reflections About Legal Education, Laurel Terry
Introduction To Section Iv: Reflections About Legal Education, Laurel Terry
Dickinson Law Review (2017-Present)
No abstract provided.
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Dickinson Law Review (2017-Present)
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Dickinson Law Review (2017-Present)
No abstract provided.
The Uniform Commercial Acts, J.P. Mckeehan
The Uniform Commercial Acts, J.P. Mckeehan
Dickinson Law Review (2017-Present)
The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Dickinson Law Review (2017-Present)
The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Dickinson Law Review (2017-Present)
No abstract provided.
Law Firm Economics And Professionalism, Ward Bower
Law Firm Economics And Professionalism, Ward Bower
Dickinson Law Review (2017-Present)
Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.
Both authors accurately assess the state of the …
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Dickinson Law Review (2017-Present)
No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.
In this essay I address another cluster of folklore about …
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Dickinson Law Review (2017-Present)
No abstract provided.
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Dickinson Law Review (2017-Present)
Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.
Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …
Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin
Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin
The Journal of Appellate Practice and Process
No abstract provided.
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
Money Didn’T Buy Happiness, Lawrence J. Fox
Money Didn’T Buy Happiness, Lawrence J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Dickinson Law Review (2017-Present)
No abstract provided.
The Fault In Legal Ethics, Anthony T. Kronman
The Fault In Legal Ethics, Anthony T. Kronman
Dickinson Law Review (2017-Present)
No abstract provided.
Material Support Laws And Critical Race Theory, Nichole M. Pace
Material Support Laws And Critical Race Theory, Nichole M. Pace
Access*: Interdisciplinary Journal of Student Research and Scholarship
The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …
Integrity & Incentives: Seeking Equity In Historic Preservation Law, Anneka Olson
Integrity & Incentives: Seeking Equity In Historic Preservation Law, Anneka Olson
Access*: Interdisciplinary Journal of Student Research and Scholarship
In this article, the author presents a case study of mobile home park residents seeking historic designation in the face of neighborhood demolition. The neighborhood’s ineligibility to become a historic site under current law can help demonstrate larger patterns of inequitable outcomes within historic preservation practice. In particular, the author argues that the application of preservation law—despite being formally neutral regarding issues of racial and socioeconomic equity—reinforces existing racial, economic, and spatial inequities. Drawing on the challenge of legal closure from critical legal studies (CLS), the author argues that law and historicity are mutually constituting, and that subjective notions of …
Debate, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe
Debate, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe
Cornell Law Review
No abstract provided.
The History Of The West Virginia Code, Robert W. Kerns Jr.
The History Of The West Virginia Code, Robert W. Kerns Jr.
West Virginia Law Review
No abstract provided.
Volume 1, Issue 1 (2017) Inaugural Issue
Volume 1, Issue 1 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.
5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?
21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.
43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.
55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?
67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.
83 Acknowledgments.
Tribal Supreme Court Project: Ten Year Report, Richard Guest
Tribal Supreme Court Project: Ten Year Report, Richard Guest
American Indian Law Journal
No abstract provided.