Legal Writing and Research Commons^™

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian

Michigan Telecommunications & Technology Law Review

The purpose of this research guide is not to answer the question "What remedies are available to an owner of computer related technology whose rights have been infringed?" but to provide a methodology by which a legal practitioner can find the answer to this question. This guide sets forth materials and methods of research that can be used for an inquiry that is broad in scope, such as researching which legal scheme's remedial component best suits a client's technology, but that are also capable of being used for a narrow or limited inquiry, such as looking for specific remedies available …

Preface, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.

On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger

The Journal of Appellate Practice and Process

No abstract provided.

Neglecting The National Memory: How Copyright Term Extensions Compromise The Development Of Digital Archives, Deirdre K. Mulligan, Jason M. Schultz

The Journal of Appellate Practice and Process

No abstract provided.

From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky

The Journal of Appellate Practice and Process

No abstract provided.

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Michigan Law Review

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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.

Foreword, Jeffrey S. Lehman

Michigan Law Review

Why celebrate? Some people hate law reviews. They would think it unseemly to celebrate a centennial such as this. They might compare it to a 1448 celebration of the first hundred years of the Bubonic Plague. Their criticisms are familiar. Why do we entrust the development of the scholarly canon to second- and third-year law students? Why do law reviews publish really bad things and reject really good things? Why do they encourage a style of argument in which each article must begin by summarizing all that has been written before? Why do they insist that any assertion of fact, …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Foreword: Interdisciplinarity, Kathleen M. Sullivan

Michigan Law Review

In the beginning, there was law. Then came law-and. Law and society, law and economics, law and history, law and literature, law and philosophy, law and finance, statistics, game theory, psychology, anthropology, linguistics, critical theory, cultural studies, political theory, political science, organizational behavior, to name a few. The variety of extralegal disciplines represented in the books reviewed in this issue attests to this explosion of perspectives on the law in legal scholarship. This development makes clear that the vocation of the legal scholar has shifted from that of priest to theologian. No longer is a law professor successful by virtue …

Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird

The Journal of Appellate Practice and Process

No abstract provided.

From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett

The Journal of Appellate Practice and Process

No abstract provided.

Meet Mortimer Levitan, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.

Confidential Chat On The Craft Of Briefing, Mortimer Levitan

The Journal of Appellate Practice and Process

This essay offers advice for writing briefs focusing on the readability rather than the content of brief writing. A light-hearted tone is used that entertains while informing.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Does Information And Agreement Equal Informed Consent?, Carl E. Schneider, Michael H. Farrell

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on a talk delivered last summer in England and on the chapter "Information, Decisions, and the Limits of Informed Consent," in (Michael Freeman and Andrew D. E. Lewis, eds.) Law and Medicine: Current Legal Issues 2000, Volume 3 (Oxford University Press, 2000). This version appears with permission of the publisher.

For many years, a principal labor of bioethics has been to find a way of confiding medical decisions to patients and not to doctors. The foremost mechanism for doing so has been the doctrine of informed consent. Anxious as bioethicists and courts have been to …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has three issues to decide: (1) whether the Court of Appeals erred in holding that the Plaintiff failed to established the requisite elements to evidence a theory of intrusion upon seclusion as defined by the Restatement of Torts; (2) whether the Court of Appeals erred in holding that the Defendant’s statements to third parties were not defamatory but rather opinions or fair comment; and (3) whether the Court of Appeals erred in applying a strict breach of contract analysis to Plaintiff’s claim for deceptive business practices, …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner

University of Richmond Law Review

One of the most notable trends in legal scholarship is the explosion of writing on social norms. Just a few years ago one might have argued that the scholarship was marginal, of interest to only a handful of law professors, but expressions of skepticism about the value of this scholarship have become rare. At the same time, it would be wrong to say that "law and social norms" ("LSN") is a movement or school within legal scholarship: the writings about this topic are too diverse, and there is little of that sense of forward movement that is characteristic of more …

Predicting Defection, Elmer J. Shaefer

University of Richmond Law Review

Eric Posner's cooperation theory of social norms develops from rational choice theory an austere and powerful explanation of why people comply with social norms. He illustrates his theory with subtle analysis of a number of legal issues. The book will help anyone influenced by law and economics to incorporate into her thinking the work in sociology, psychology, and ethics that bears on human behavior. Most readers will find applications for Posner's theory.

Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan

University of Richmond Law Review

There is an almost heretical disenchantment with law percolating within the legal academy. Conventional wisdom sees law as the natural solution to problems of collective action. When attaining some societal good-for example, a clean environment, a stock of useful technologies, a public education system, or a transportation infrastructure-depends on the willingness of individuals to behave in a manner that is not in their material interest, the law supplies incentives-such as tax abatements for nonpolluters, property rights for inventors, and punishments for tax cheats-that bring individual interests into alignment with collective ones. The problem, though, is that a regime of regulatory …

Norms And Signals: Some Skeptical Observations, Paul G. Mahoney

University of Richmond Law Review

Law and Social Norms is just what the growing field of norms scholarship needed. Legal scholars have generated an impressive body of observations about the myriad situations in which individuals pressure one another to act civilly. Eric Posner's book provides a simple, elegant model with very few working parts and promises to go a long way toward connecting these observations to form a coherent whole.

Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares

University of Richmond Law Review

Although criminal law can be justified with respect to non-utilitarian goals such as retribution, no one can deny that one way to justify criminal law is with respect to the instrumental ends of deterrence. So, one question of interest to scholars in the field has been how to think about the kinds of criminal law policy that encourage compliance. My own work has focused on this important question. Specifically, I have been concerned with the ways in which different kinds of criminal proscriptions, along with certain methods of law enforcement, could affect crime rates in disadvantaged, urban neighborhoods. In undertaking …

Meeting By Signals, Playing By Norms: Complementary Accounts Of Nonlegal Cooperation In Institutions, Edward Rock, Michael Wachter

University of Richmond Law Review

Professor Eric A. Posner has written a fascinating book about "Law and Social Norms." In it, he uses an informal signaling model (derived from Michael Spence's formal model) to explain a wide range of striking social behavior, and to show underlying connections among apparently disparate phenomena. Looking at topics as dissimilar as gift giving, family law, criminal law, voting and political participation, and commercial practice, he argues that much of observed social behavior can be understood as the result of attempts to signal that one is a good cooperator.