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Legal Writing and Research Commons

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1987

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Articles 1 - 30 of 41

Full-Text Articles in Legal Writing and Research

The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen Nov 1987

The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen

Michigan Law Review

There is a glory, it seems, in the mystery of a language that can be deciphered only by initiates of the secret society; there is a great sense of power and an even greater actuality of power in controlling a language that in turn controls the most pressing affairs of individuals and communities; and there is a monopolistic safety in being able to manipulate a language which because it was part of the creation of legal problems must be part of their solutions as well. It was true in 1921, and it is still true sixty-six years later. This essay …


Footnotes As Product Differentiation, Arthur D. Austin Oct 1987

Footnotes As Product Differentiation, Arthur D. Austin

Vanderbilt Law Review

When Professor Fred Rodell announced his first Goodbye to Law Reviews in 1936, he established the accepted wisdom for law review criticism. Rodell complained that law review literature had two serious defects-style and content. Subsequent criticism has been persistently harsh; the common theme is that "[the extraordinary proliferation of law reviews, most of them student edited and all but a handful very erratic in quality, has been harmful for the nature, evaluation, and accessibility of legal scholarship."

Having exhausted complaints on substance, critics uncovered another mischievous threat. They discovered that articles are Typhoid Marys of an insidious plague-footnotes. Second-rate style …


The Burden Of The Liberal Song, Peter R. Teachout Oct 1987

The Burden Of The Liberal Song, Peter R. Teachout

Indiana Law Journal

No abstract provided.


Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont Sep 1987

Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont

Cornell Law Faculty Publications

So many procedural doctrines appear, after research and teaching, to trifurcate. An obvious example is that kind of standard of decision known as the standard of proof: what in theory might have been a continuum of standards divides in practice into the three distinct standards of preponderance of the evidence, clear and convincing evidence, and proof beyond a reasonable doubt. Other examples suggest both that I am not imagining the prominence of three and that more than coincidence is at work.

Part I of this essay describes the role of the number three in procedure, with particular regard to standards …


A Dictionary Of Modern Legal Usage, Lynn Foster Jul 1987

A Dictionary Of Modern Legal Usage, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.


Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton Jul 1987

Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton

Indiana Law Journal

No abstract provided.


"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr. May 1987

"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr.

Michigan Law Review

A Review of Theories of Evidence: Bentham and Wigmore by William Twining


Florida Style Manual: Introduction, The Editors Apr 1987

Florida Style Manual: Introduction, The Editors

Florida State University Law Review

No abstract provided.


General Rules Of Style: Capitalization Apr 1987

General Rules Of Style: Capitalization

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Florida Session Laws Apr 1987

Basic Citation Forms: Florida Session Laws

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Florida Cases Apr 1987

Basic Citation Forms: Florida Cases

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Florida Statutes Apr 1987

Basic Citation Forms: Florida Statutes

Florida State University Law Review

No abstract provided.


General Rules Of Style: Abbreviations Apr 1987

General Rules Of Style: Abbreviations

Florida State University Law Review

No abstract provided.


Florida Style Manual: Table Of Contents Apr 1987

Florida Style Manual: Table Of Contents

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Bills Apr 1987

Basic Citation Forms: Bills

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Florida Constitutional Materials Apr 1987

Basic Citation Forms: Florida Constitutional Materials

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Judicial Branch Materials Apr 1987

Basic Citation Forms: Judicial Branch Materials

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Miscellaneous References Apr 1987

Basic Citation Forms: Miscellaneous References

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Legislative Materials Apr 1987

Basic Citation Forms: Legislative Materials

Florida State University Law Review

No abstract provided.


Basic Citation Forms: Executive Branch Materials Apr 1987

Basic Citation Forms: Executive Branch Materials

Florida State University Law Review

No abstract provided.


The Literature Of Medieval European Law In A Nutshell, Timothy Kearley Mar 1987

The Literature Of Medieval European Law In A Nutshell, Timothy Kearley

Timothy G. Kearley

This is an ill-advised attempt to extract humor from medieval legal literature.


Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel Jan 1987

Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel

Mark Spiegel

In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint …


Book Review (M. Ray & J. Ramsfield, Legal Writing: Getting It Right And Getting It Written (1987)), Ruth C. Vance Jan 1987

Book Review (M. Ray & J. Ramsfield, Legal Writing: Getting It Right And Getting It Written (1987)), Ruth C. Vance

Law Faculty Publications

No abstract provided.


Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley Jan 1987

Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley

Journal Articles

The author argues that the 1977 United States Supreme Court decision in Bounds v. Smith insufficiently protects the right of prisoners to represent themselves before the courts by failing to require state and federal correctional facilities to establish and maintain adequately stocked prison law libraries and to provide prisoners with the option to use those libraries as their means of gaining meaningful access to the courts.


Thinking (By Writing) About Legal Writing, Philip C. Kissam Jan 1987

Thinking (By Writing) About Legal Writing, Philip C. Kissam

Vanderbilt Law Review

The practice of law requires a good amount of original writing,and it is a commonplace today that much of this writing is done rather poorly. Charles Fried, the United States Solicitor General,has implied that much legal writing, especially in appellate briefs,is "turgid and boring."' John Nowak, a Professor of Law at the University of Illinois, has reiterated Fred Rodell's classic complaint that the writing in law reviews lacks both style and substance. More fundamentally, Steven Stark, in his Harvard Law Review comment, has argued that the style and substance of most legal writing are flawed by lawyers' ideological commitments to …


Demystifying Legal Scholarship, Roger C. Cramton Jan 1987

Demystifying Legal Scholarship, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


A Guide To Legal Research In The University Of Michigan Law Library (4th Ed.), Peter C. Schanck, Linda S. Maslow Jan 1987

A Guide To Legal Research In The University Of Michigan Law Library (4th Ed.), Peter C. Schanck, Linda S. Maslow

Law Library Publications

The Guide is an outline of legal research method and a finding aid for the Michigan collection. The changes in the Guide over the last 10 years reflect fundamental change in the nature of legal research that are worthy of note.


The University Of Chicago Manual Of Legal Citation ("The Maroon Book"), 21 J. Marshall L. Rev. 233 (1987), Joel R. Cornwell Jan 1987

The University Of Chicago Manual Of Legal Citation ("The Maroon Book"), 21 J. Marshall L. Rev. 233 (1987), Joel R. Cornwell

UIC Law Review

No abstract provided.


Table Of Contents Jan 1987

Table Of Contents

Touro Law Review

No abstract provided.


Book Review: Legal Writing: Getting It Right And Getting It Written By Mary Barnard Ray And Jill J. Ramsfield, Ruth C. Vance Jan 1987

Book Review: Legal Writing: Getting It Right And Getting It Written By Mary Barnard Ray And Jill J. Ramsfield, Ruth C. Vance

Seattle University Law Review

Legal Writing: Getting It Right and Getting It Written is a legal writing aid that is in a class by itself. This book does not fall neatly into the five predictable classifications of legal writing texts: those on legal research, those devoted to brief writing and oral argument, those on how to take law examinations and brief cases, those aimed at polishing grammar and style, and those that treat the subject generally. While there is still no single text that will completely cover any legal writing course, the references in Legal Writing obviate the need for a grammar and style …