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Articles 1 - 20 of 20
Full-Text Articles in Legal Writing and Research
The Ambiguity And Unfairness Of Dismissing Bad Writing, Benjamin D. Raker
The Ambiguity And Unfairness Of Dismissing Bad Writing, Benjamin D. Raker
Cleveland State Law Review
Courts routinely choose to explicitly dismiss arguments and issues raised by parties, regardless of their merit, based on unexplained determinations that the briefing was bad. This practice, which I call abandonment by poor presentation, is sometimes justified by practicality, by pointing to federal and local rules, by waiver and forfeiture doctrines, and by the norm of party presentation. None of these justifications hold water. I contend that the real reason judges find abandonment by poor presentation is agenda control: judges rely on the practice as a means of retaining control over how they decide cases. This unexplained, poorly justified, and …
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Cleveland State Law Review
This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Cleveland State Law Review
Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …
Creac In The Real World, Diane B. Kraft
Creac In The Real World, Diane B. Kraft
Cleveland State Law Review
This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Cleveland State Law Review
This Article will examine whether the expansion of required LRW courses into the realm of transactional drafting is justifiable. Part II will assess the need for required transactional drafting instruction by showing, empirically, that many students lack a disposition towards litigation or have an affirmative inclination towards non-litigation work. This Part includes both a quantitative and qualitative analysis of the issue: It includes a survey of nearly one-thousand first-year law students nationwide and a set of questions and responses from a number of law students who self-identified as future transactional lawyers but who were members of traditional litigation-centric LRW courses. …
Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller
Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller
Cleveland State Law Review
Part I of this essay briefly explores the relationship between academic support and legal writing as it exists in many law schools today. Part II will outline the academic support program at Maryland to give context to the observations presented in this article. Part III will present some of the negative aspects of legal writing courses as they relate to the academic support mission of a law school. Finally, Part IV will describe how a legal writing course can avoid the negatives and be an effective vehicle to deliver more advanced academic support after the first year.
On Defining Academic Scholarship, Stephen J. Werber
On Defining Academic Scholarship, Stephen J. Werber
Cleveland State Law Review
This article seeks to find a definition of “scholarship.” Scholarship, to be fully recognized in the academic community, must address the theory of law - not its application. The basic premise of this essay is that such a definition of scholarship is detrimental to the law teaching profession and demeaning of the legal profession as a whole. As in the sciences, there is a need for both theoretical scholarship and applied scholarship. Both should be recognized as contributing to the overall knowledge, development, and beauty of the law as well as to the justice that that law seeks to achieve.
Academic Research And Advocacy Research, Victor L. Streib
Academic Research And Advocacy Research, Victor L. Streib
Cleveland State Law Review
Research is something we all do. Some research is a necessary evil, some a delightful passage, some unmitigated drudgery. Our general concern this evening is to hone the concept of legal research, at least as it is manifested by law professors and lawyers. More specifically, how does academic research and advocacy research differ in the world of law and what unique obligations might such differences suggest for the law professoriate? The general issue is the difference, perhaps conflict, between research aimed primarily at discovering truth and expanding knowledge versus research aimed primarily at mounting an argument to achieve victory for …
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Mid-1972 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Cleveland State Law Review is the periodical selected as the ;official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking particularly to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and the Bar.
Information Science Techniques For Legal Searching, Deborah C. Goshien
Information Science Techniques For Legal Searching, Deborah C. Goshien
Cleveland State Law Review
Information scientific methods can be combined with current legal searching techniques to improve the usefulness and cost-effectiveness of computerized legal research. By combining methods from several disciplines, the lawyer-user may be enabled to locate relevant material that might be missed in either a manual or a straight word-byword computer search.
June 1971 News Of Legal Writers, Ralph D. Churchill
June 1971 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this year, to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and …
Early 1970 News Of Legal Writers, Ralph D. Churchill
Early 1970 News Of Legal Writers, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this year, to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and …
News Of Legal Writers: 1970, Ralph D. Churchill
News Of Legal Writers: 1970, Ralph D. Churchill
Cleveland State Law Review
This is a newsletter for SCRIBES. The Editors of the Cleveland State Law Review are most gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES is the honor society of distinguished legal writers.
News Of Legal Writers And Writings, Ralph D. Churchill
News Of Legal Writers And Writings, Ralph D. Churchill
Cleveland State Law Review
The Editors of the Cleveland State Law Review are most gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this coming year, to direct its efforts towards the general improvement of the quality of writing in the legal profession. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and the Bar.
Two Cheers For The Supreme Court, Paul A. Freund
Two Cheers For The Supreme Court, Paul A. Freund
Cleveland State Law Review
Text of speech given by Prof. Freund on the occasion of the presentation of the 1969 SCRIBES award for the best book written for laymen as well as lawyers, Law and Justice (Harvard University Press, 1968).
On Legal Writing, Albert P. Blaustein
On Legal Writing, Albert P. Blaustein
Cleveland State Law Review
Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.
Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey
Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey
Cleveland State Law Review
This check list includes records and sources relating to Ohio law from 1787 to 1850. The imprint is included without regard to the place of printing, if it relates to Ohio law. A few items after 1850 are included, where appropriate.
A Case For Computers In Law Practice, Donald J. Elardo
A Case For Computers In Law Practice, Donald J. Elardo
Cleveland State Law Review
There is no profession which has more to gain from dramatic new technological developments for the automation of information than the legal profession.
Book Review, Milton E. Wilson
Book Review, Milton E. Wilson
Cleveland State Law Review
Reviewing George Rossman, ed., Advocacy and the King's English, Bobbs-Merrill Co., Inc., 1960
Problem Of Selection In Law Libraries, Theodore Samore
Problem Of Selection In Law Libraries, Theodore Samore
Cleveland State Law Review
Law libraries, like soap, come in three sizes -large, giant, and super. It is also true that law libraries, like taxes, living expenses, populations and college enrollments are rapidly expanding and the end is not in sight. Use determines the growth of a library. As long as students, professors and practitioners ask for more books, more periodicals and more services the library must expand.