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Full-Text Articles in Legal Writing and Research
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Washington Law Review
This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure. The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …
Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman
Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman
Washington Law Review
Scholarship is the work-product of scholars. The word derives the Latin schola, as in school. Hence, scholarship is related to education, which in turn is related to the advancement of human knowledge. By that measure, the best scholarship may increase our knowledge, both practical and theoretical. But when undisclosed bias affects that which is offered up as knowledge, it may unduly slant our understanding of life, law, and other things that matter. While bias-free knowledge may be a utopian ideal, it is, nonetheless, a principle worthy of our respect.
Law Reviews And Academic Debate, Erik M. Jensen
Law Reviews And Academic Debate, Erik M. Jensen
Washington Law Review
This essay makes a simple point: When a law review publishes an article, the editors should be willing both to publish responses to that article and to give the author a chance to reply to critics. This shouldn't be a controversial principle, but, for far too many reviews today, it's not standard procedure.
Implications Of Foundational Crisis In Mathematics: A Case Study In Interdisciplinary Legal Research, Mike Townsend
Implications Of Foundational Crisis In Mathematics: A Case Study In Interdisciplinary Legal Research, Mike Townsend
Washington Law Review
As a result of a sequence of so-called foundational crises, mathematicians have come to realize that foundational inquiries are difficult and perhaps never ending. Accounts of the last of these crises have appeared with increasing frequency in the legal literature, and one piece of this Article examines these invocations with a critical eye. The other piece introduces a framework for thinking about law as a discipline. On the one hand, the disciplinary framework helps explain how esoteric mathematical topics made their way into the legal literature. On the other hand, the mathematics can be used to examine some aspects of …
Collapse Of The Structure Of The Legal Research Universe: The Imperative Of Digital Information, Robert C. Berring
Collapse Of The Structure Of The Legal Research Universe: The Imperative Of Digital Information, Robert C. Berring
Washington Law Review
Legal research, in particular the way in which law schools provide legal research training to first-year law students, is the mom and apple pie issue of legal education. Everyone is willing to criticize the lack of it, praise the importance of it, or discuss the reasons it has not been done so well. After all, the whole corpus of legal education is constructed around Dean Langdell's theory that the law library, the place where the law student conducts research, is the laboratory of the law, and the process of legal research has been intertwined with the process of legal reasoning …
Legal Rearch: A Revised View, J. Christopher Rideout, Jill J. Ramsfield
Legal Rearch: A Revised View, J. Christopher Rideout, Jill J. Ramsfield
Washington Law Review
When Professor Marjorie Dick Rombauer concluded her landmark article twenty years ago, she expressed a hope that many law schools have yet to realize. While legal research and writing programs exist in all law schools, many still have short-term and short-sighted programs. Many, if not most, law students are not rigorously trained, do not experience sustained individualized instruction, and do not explore problem-solving in an environment that simulates either law practice or rigorous legal scholarship. After their first year, most students fend for themselves in an atmosphere that tests their writing abilities in only two of several potential genres—exams and …
The Evaluation Of Legal Scholarship, Philip C. Kissam
The Evaluation Of Legal Scholarship, Philip C. Kissam
Washington Law Review
The evaluation process requires new perspectives to enhance our writing, reading, and formal evaluation of legal scholarship. The diversity of modern scholarship invites us to engage in a more flexible and more reflective reading and evaluation process that appreciates multiple perspectives and gives explicit attention to the different values, purposes, methods, and contexts of each individual work. This evaluation process would recognize and promote the legitimacy of pluralistic modes of research, analysis, and writing, thus improving the fairness of evaluations and possibly the quality of much contemporary scholarship. These improvements could affect both scholarship which is designed to assist legal …
The Evaluation Of Legal Scholarship, Philip C. Kissam
The Evaluation Of Legal Scholarship, Philip C. Kissam
Washington Law Review
The evaluation process requires new perspectives to enhance our writing, reading, and formal evaluation of legal scholarship. The diversity of modern scholarship invites us to engage in a more flexible and more reflective reading and evaluation process that appreciates multiple perspectives and gives explicit attention to the different values, purposes, methods, and contexts of each individual work. This evaluation process would recognize and promote the legitimacy of pluralistic modes of research, analysis, and writing, thus improving the fairness of evaluations and possibly the quality of much contemporary scholarship. These improvements could affect both scholarship which is designed to assist legal …
Form Of Citation Of Japanese Legal Materials, Dan Fenno Henderson, Andy M. Ichiki
Form Of Citation Of Japanese Legal Materials, Dan Fenno Henderson, Andy M. Ichiki
Washington Law Review
The chief purpose of a citation, aside from furnishing assurance of scholarly discipline, is to make the author's sources available to others. Citation style rules should strive to do this uniformly, briefly, and clearly. For the sake of uniformity in citing Japanese language sources it is suggested that writers use the manual published by the Harvard Law Review Association, A Uniform System of Citation (11th ed. 1967), whenever its rules can be directly applied, or whenever they can be readily adapted to citation of Japanese sources. New rules are suggested below only for those relatively few instances where they are …
Form Of Citation Of Japanese Legal Materials, Dan Fenno Henderson, Andy M. Ichiki
Form Of Citation Of Japanese Legal Materials, Dan Fenno Henderson, Andy M. Ichiki
Washington Law Review
The chief purpose of a citation, aside from furnishing assurance of scholarly discipline, is to make the author's sources available to others. Citation style rules should strive to do this uniformly, briefly, and clearly. For the sake of uniformity in citing Japanese language sources it is suggested that writers use the manual published by the Harvard Law Review Association, A Uniform System of Citation (11th ed. 1967), whenever its rules can be directly applied, or whenever they can be readily adapted to citation of Japanese sources. New rules are suggested below only for those relatively few instances where they are …
Law Reviews And Full Disclosure, William O. Douglas
Law Reviews And Full Disclosure, William O. Douglas
Washington Law Review
Rather I propose an editorial policy that puts in footnote number one the relevant affiliations of the author. If the article is paid for, I would not necessarily require the disclosure of the amount of the fee; the fact that there was a fee would be sufficient. If there were no fee but a client's interest was reflected in the article, I would want disclosure of that client's identity. If the author was a freelancer in a particular field, I would want a general statement that his professional interest lay in the direction of certain types of litigation. That kind …
The Washington Supreme Court Reports, Solon D. Williams
The Washington Supreme Court Reports, Solon D. Williams
Washington Law Review
The purpose of this paper is to discuss what might be termed the mechanics of reporting, that is, the machinery whereby the decisions of our Supreme Court are made available to bench and bar in the form of weekly Advance Sheets and bound volumes. And I would not venture to inflict upon this convention such a dry and technical subject if it were not that, as will presently appear, the matter is of considerably more than academic interest to all of us. I realize that the average practitioner regards the reports somewhat in the same light as the housewife regards …
Desiderata Pertaining To Selected Legal Materials Of Washington, Arthur S. Beardsley
Desiderata Pertaining To Selected Legal Materials Of Washington, Arthur S. Beardsley
Washington Law Review
Of particular importance to a law librarian, but not without interest to the lawyer and student alike, are the bibliographical data and desiderata which pertain to the legal publications of their immediate locale. Through such desiderata, facts, which frequently may be quite unknown or which may have been overlooked, are brought to light and preserved for future interpretative research. Oftentimes, the circumstances surrounding these publications may be unknown or may not have attracted attention because of their common character and daily use. Oftentimes, also, the user may have been too close to them to perceive any peculiarities of imprint, pagination …
Brief-Making And The Use Of Law Books, By Roger W. Cooley (5th Ed. 1926), Arthur S. Beardsley
Brief-Making And The Use Of Law Books, By Roger W. Cooley (5th Ed. 1926), Arthur S. Beardsley
Washington Law Review
No abstract provided.
Brief-Making And The Use Of Law Books, By Roger W. Conley, 4th Ed., Arthur Beardsley
Brief-Making And The Use Of Law Books, By Roger W. Conley, 4th Ed., Arthur Beardsley
Washington Law Review
No abstract provided.