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Articles 1 - 30 of 97
Full-Text Articles in Legal Writing and Research
Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner
Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner
Cynthia R. Farina
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part Ii, K.K. Duvivier
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Neuro-linguistic programming describes a method of understanding how people subjectively process information through different preferred modes or representational systems.' Generally, neuro-linguistic programming classifies perceptions into three broad categories: (1) visual, (2) auditory, and (3) kinesthetic. The September Scrivener column addressed two precepts of neuro-linguistic programming in the context of legal writing. This article addresses two more.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Audiotaped Critiques Of Written Work, Elisabeth Keller
Audiotaped Critiques Of Written Work, Elisabeth Keller
Elisabeth Keller
No abstract provided.
Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum
Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum
E. Joan Blum
No abstract provided.
Legal Education, Professionalism, And The Public Interest, Alfred C. Aman Jr.
Legal Education, Professionalism, And The Public Interest, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
Florida Professional Responsibility In 1999: The Rules Of The Game, Timothy P. Chinaris, Elizabeth Clark Tarbert
Florida Professional Responsibility In 1999: The Rules Of The Game, Timothy P. Chinaris, Elizabeth Clark Tarbert
Law Faculty Scholarship
The year 1999 saw a number of changes and developments in Florida professional responsibility law. This article surveys these developments by reviewing: 1) relevant reported cases; 2) ethics opinions; 3) rules changes; and 4) disciplinary actions affecting lawyers and the practice of law in the Sunshine State. These authorities are examined in the context of the various relationships upon which a lawyer's professional life is built and within which the lawyer typically operates.
Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson
Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson
UF Law Faculty Publications
Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part I, K.K. Duvivier
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
New methods of transmitting information now provide faster and more effective results. Similarly, neurolinguistic programming, a new approach from communication science, provides techniques for faster and more effective communication in your writing.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Book Review - Florida Legal Research: Sources, Process, And Analysis, A. Darby Dickerson
Book Review - Florida Legal Research: Sources, Process, And Analysis, A. Darby Dickerson
Florida State University Law Review
No abstract provided.
Mooring Modifiers, K.K. Duvivier
Mooring Modifiers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Readers can be lost at sea if your writing is foggy about what words or ideas are connected to others. Effective writing requires that every modifier be clearly moored to exactly what it is intended to describe, rather than some other word or idea. Free-floating modifiers risk conveying meaning that is, at best, ambiguous or, at worst, downright contrary to the drafter's in- tent.
Leaving The Ballpark, J. Thomas Sullivan
Leaving The Ballpark, J. Thomas Sullivan
The Journal of Appellate Practice and Process
Justice Stevens’s Sammy Sosa "leaving the ballpark" metaphor in City of Chicago v. Morales is used as a reminder that words may have multiple meanings.
Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain
Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Articles
In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …
Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain
Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain
UF Law Faculty Publications
In the United States today, digital versions of current decisions, bills, statutes, and regulations issued by federal and state entities are widely available on publicly accessible Internet Web sites. Worldwide, official legal information issued by international organizations and foreign governments is also becoming available on the Web. However, there are currently no standards for the production and authentication of digital documents. Moreover, the information is sometimes available only for a short time and then disappears from the site. Most of that digital information provides only a right of access, and no ownership, or control over the data, unless it is …
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain
Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain
Cornell Law Faculty Working Papers
In the United States today, digital versions of current decisions, bills, statutes, and regulations issued by federal and state entities are widely available on publicly accessible Internet Web sites. Worldwide, official legal information issued by international organizations and foreign governments is also becoming available on the Web. However, there are currently no standards for the production and authentication of digital documents. Moreover, the information is sometimes available only for a short time and then disappears from the site. Most of that digital information provides only a right of access, and no ownership, or control over the data, unless it is …
Atticus Finch, In Context, Randolph N. Stone
Atticus Finch, In Context, Randolph N. Stone
Michigan Law Review
One summer night in 1955, Emmett Till, a fourteen-year-old Chicago boy visiting relatives in Mississippi, was abducted by two white men, beaten, and shot; his body was tied to a fan from a cotton gin and thrown in a river. Emmett's "crime": being black and allegedly whistling at a white woman. Through the early 1970s, hundreds of black men had been "legally" executed after being convicted, usually by all white juries or white judges, of sexually assaulting white women; hundreds more were lynched and otherwise extrajudicially executed. This is the historical context of white supremacy essentially ignored by Professor Lubet …
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Reconstructing Atticus Finch was intended to be provocative, so I am not surprised at the strength of the responses. Neither should I be surprised by the continuing reverence engendered by the fictional Atticus Finch; as I pointed out in my original essay, he is our moral archetype. Indeed, it was the accepted nobility of the character that made my question worth asking in the first place. What if Mayella had been attacked by Tom Robinson? Would Atticus still be a hero? To ask that question about a lesser figure would inevitably invite stock responses. Champions of the adversary system would …
Further Saith Naught, K.K. Duvivier
Further Saith Naught, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Among professions, the law is one most bound by tradition. Not only does the law look back in time for substantive precedents, it also borrows heavily from the language of the past. Do words like "notwithstanding" and "herein" creep their way unnoticed into your legal documents? Do your affidavits contain an "ss" at the top and use alliterative wording such as "subscribed, sworn, and sealed"? These antiquated expressions are not used in standard Modem English, and before you entered law school, they probably were familiar only if you read Old or Middle English literature. To help determine which are expendable, …
Foreword, Jeffrey Rosen
Foreword, Jeffrey Rosen
Michigan Law Review
America now is a society addicted to legalism that has lost its faith in legal argument. The impeachment of Bill Clinton was only the most visible manifestation of this paradox. Both Democrats and Republicans professed a rhetorical commitment to the rule of law while revealing a deep pessimism about the ability of courts, legislatures, or even citizens to transcend their biases and to converge, through deliberation, on impartial and democratically acceptable outcomes. The simplistic Supreme Court decisions that precipitated the impeachment - in particular, Morrison v. Olson,1 upholding the Independent Counsel law, and Jones v. Clinton,2 denying the President temporary …
Reconstructing Atticus Finch, Steven Lubet
Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Atticus Finch. No real-life lawyer has done more for the self-image or public perception of the legal profession than the hero of Harper Lee's novel, To Kill a Mockingbird. For nearly four decades, the name of Atticus Finch has been invoked to defend and inspire lawyers, to rebut lawyer jokes, and to justify (and fine-tune) the adversary system. Lawyers are greedy. What about Atticus Finch? Lawyers only serve the rich. Not Atticus Finch. Professionalism is a lost ideal. Remember Atticus Finch. In the unreconstructed Maycomb, Alabama of the 1930s, Atticus was willing to risk his social standing, professional reputation, and …
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Michigan Law Review
In one of her childishly obtuse moments, Scout, the narrator of Harper Lee's To Kill a Mockingbird, denies that her father Atticus Finch is any sort of proper example of how a lawyer ought to act when cross-examining a witness. The prosecutor's crossexamination of the accused Tom Robinson has moved her friend Dill to tears: "I couldn't stand . . . [t]hat old Mr. Gilmer doin' him thataway, talking so hateful to him _" Scout, who has taken her friend out of the courtroom, explains: "Dill, that's his job . . . . He's supposed to act that way." Atticus, …
Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson
Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson
Michigan Law Review
Professor Lubet has joined a growing list of revisionists who question Atticus's standing as the paragon of lawyerly virtue.1 But Professor Lubet takes revisionism in a distinctly postmodern direction, if not to a radically new level. Atticus's previous critics have wondered how he could have overlooked, perhaps even condoned, the pervasive racism, sexism, and classism of the Depression-era South. They have even occasionally censured his paternalism toward his pro bono client, the working-class black rape defendant Tom Robinson. But they have never questioned either Tom's claim of innocence or the propriety of Atticus's advocacy of that claim. Professor Lubet questions …
Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell
Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell
Michigan Law Review
Professor Steven Lubet's review examines in the lawyering context the truth of Due de La Rochefoucauld's observation that "[o]ur virtues are mostly but vices in disguise." His question - one going to the very heart of what lawyering is about - asks readers of To Kill a Mockingbird whether they would be equally prepared to accept the fictional Atticus Fmch as the personification of the good lawyer if his black client, defendant Tom Robinson, actually committed the rape of the white woman, Mayella Ewell, for which he was charged. If Robinson was a rapist, how then does one square Atticus's …
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Michigan Law Review
Atticus Finch's conduct would have been justified by the bar's conventional norms even if he had known Tom Robinson to be guilty. That fact, however, is not the source of the admiration for him that To Kill a Mockingbird has induced in so many readers. That admiration depends on the clear premise of the novel that Finch plausibly believes that Tom Robinson is innocent. Thus, the bar's invocation of Finch as a sympathetic illustration of its norms is misleading. The ethics of the novel are quite different from those of the bar. Steven Lubet does a good job of showing …