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Articles 1 - 28 of 28
Full-Text Articles in Legal Writing and Research
Free Speech Federalism, Adam Winkler
Free Speech Federalism, Adam Winkler
Michigan Law Review
For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …
The Elements Of Legal Style, Mark P. Painter
The Elements Of Legal Style, Mark P. Painter
The Journal of Appellate Practice and Process
No abstract provided.
The Founders, Or The Journal's Early Years And What They Meant To Me, Rodney K. Smith
The Founders, Or The Journal's Early Years And What They Meant To Me, Rodney K. Smith
The Journal of Appellate Practice and Process
No abstract provided.
The Law Reviews: Do Their Paths Of Glory Lead But To The Grave?, John Doyle
The Law Reviews: Do Their Paths Of Glory Lead But To The Grave?, John Doyle
The Journal of Appellate Practice and Process
No abstract provided.
Foreword, Nancy Bellhouse May
Foreword, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson
Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson
The Journal of Appellate Practice and Process
No abstract provided.
An Annotated Bibliography On Federal Appellate Practice And Procedure, Thomas E. Baker
An Annotated Bibliography On Federal Appellate Practice And Procedure, Thomas E. Baker
The Journal of Appellate Practice and Process
No abstract provided.
Relics Or Relevant: The Value Of The Modern Law Review, Joshua D. Baker
Relics Or Relevant: The Value Of The Modern Law Review, Joshua D. Baker
West Virginia Law Review
No abstract provided.
Why Write?, Erwin Chemerinsky
Why Write?, Erwin Chemerinsky
Michigan Law Review
This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …
Establishing Inequality, Gene R. Nichol
Establishing Inequality, Gene R. Nichol
Michigan Law Review
Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …
Feature: The Roots Of The Executive Branch
Feature: The Roots Of The Executive Branch
Law Quadrangle (formerly Law Quad Notes)
When President Barack Obama needed a top adviser and steadfast sounding board, he turned to a Michigan Law alumna who has been called the "First Friend" and "the other half of Obama's brain." When he considered appointees for the role of Secretary of the Interior, he chose and alumnus he called a "champion for farmers, ranchers, and rural communities." Here, we profile some of Obama's aides, advisers, and appointees who have ties to Michigan Law, and who began their jobs by our press time. We highlight how their experiences in Law School helped to shape their journey from the gothic …
Feature: The Father Of Miranda, James Tobin
Feature: The Father Of Miranda, James Tobin
Law Quadrangle (formerly Law Quad Notes)
This is the first in a series of articles about the intellectual history of the Law School, and the impact our scholars have had, from the classroom to the Supreme Court.
Yale Kamisar's transformative impact on the law began with a humble hunch in the early 1960s, when he was a young professor at the University of Minnesota.
Feature: Anatomy Of An Alumnus, Katie Vloet
Feature: Anatomy Of An Alumnus, Katie Vloet
Law Quadrangle (formerly Law Quad Notes)
50 years later, remembring Anatomy of a Murder and the fly-fishing, U.P.-loving, mushroom-hunting state Supreme Court justice who wrote it.
Feature: Teaching The Teachers, Nicole Fawcett
Feature: Teaching The Teachers, Nicole Fawcett
Law Quadrangle (formerly Law Quad Notes)
A new ranking system explores 'intellectual super-spreaders'. A new model for determining the influence of law schools looks at the links between where law professors received their J.D. and where they go on to teach law. The model, which uses a mixture of social network analysis and computer simulation, shows how a handful of elite institutions are likely influencing legal principles and attitudes across the country. Michigan Law ranks third in the study.
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 27 J. Marshall J. Computer & Info. L. 131 (2009), Megan Peterson, Tyler Rench
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 27 J. Marshall J. Computer & Info. L. 131 (2009), Megan Peterson, Tyler Rench
UIC John Marshall Journal of Information Technology & Privacy Law
SUMMARY OF THE ARGUMENT: As encroaching technologies shrink the realm of privacy and expose intimate details of the home, courts must craft a solution that will provide a remedy to the injured. When Marshoogle’s prying cameras took photographs of Nevilson seated inside his home, they invaded his privacy by intruding into his private area of seclusion and this court should give Nevilson the opportunity to seek a remedy. Because Nevilson was inside his home when the images were captured, he had a reasonable expectation of privacy, which cannot be lost simply by leaving his curtains open. Marshoogle’s cameras were intentionally …
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 27 J. Marshall J. Computer & Info. L. 169 (2009), Michael Jones, Stuart Ladner, Sabrina Stone
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 27 J. Marshall J. Computer & Info. L. 169 (2009), Michael Jones, Stuart Ladner, Sabrina Stone
UIC John Marshall Journal of Information Technology & Privacy Law
SUMMARY OF THE ARGUMENT: Nevilson has not raised a genuine issue of material fact on his intrusion upon seclusion claim. First, Nevilson cannot show Marshoogle intentionally invaded Nevilson’s privacy. When Marshoogle captured the images for its Marshall Avenue Perspective feature, no one physically entered Nevilson’s property or used sensory enhancements or telephoto lenses to pry into his private space. Second, Marshoogle’s actions were not highly offensive to a reasonable person because the photographs were not captured in an effort to exploit or defame Nevilson, but rather were captured in an effort to produce a free and effective virtual map for …
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 27 J. Marshall J. Computer & Info. L. 95 (2009), Sarah M. Knight, William S. Weltman, Andrew T. Call, Panagiota Kelali
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 27 J. Marshall J. Computer & Info. L. 95 (2009), Sarah M. Knight, William S. Weltman, Andrew T. Call, Panagiota Kelali
UIC John Marshall Journal of Information Technology & Privacy Law
Petitioner, Phillip Nevilson, appeals to the Marshall Supreme Court from a decision affirming the granting of summary judgment in favor of Respondent, Marshoogle, Inc., on his claims of intrusion upon seclusion, publication of private facts, and tortious interference with business expectancy claims. The issues in this case concern whether an individual can state a claim for invasion of privacy against an Internet search engine provider where liability is based on taking a photograph of an individual in his home and the publication of such photograph on a website. The final issue concerns whether the act of publication of the photograph …
Advocating For Our Future, Sarah J. Mirsky
A Significant Symposium, Roger J. Miner
Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher
Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher
NYLS Law Review
No abstract provided.
Estate Of Pew V. Cardarelli, Rachel Bell
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
NYLS Law Review
No abstract provided.
Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti
Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti
NYLS Law Review
No abstract provided.
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
NYLS Law Review
No abstract provided.
Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse
Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse
NYLS Law Review
No abstract provided.
Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii
Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
Cognition And Star Trek™: Learning And Legal Education, 42 J. Marshall L. Rev. 959 (2009), Kate E. Bloch
Cognition And Star Trek™: Learning And Legal Education, 42 J. Marshall L. Rev. 959 (2009), Kate E. Bloch
UIC Law Review
No abstract provided.