Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (28)
- Legal Profession (13)
- Constitutional Law (10)
- Legal History (8)
- Social and Behavioral Sciences (8)
-
- Criminal Procedure (7)
- Legal Ethics and Professional Responsibility (7)
- Jurisprudence (6)
- Courts (5)
- Entertainment, Arts, and Sports Law (5)
- Judges (5)
- Labor and Employment Law (5)
- Law and Society (5)
- Civil Procedure (4)
- Consumer Protection Law (4)
- Contracts (4)
- Criminal Law (4)
- Intellectual Property Law (4)
- Law and Philosophy (4)
- Legal Biography (4)
- Legislation (4)
- Communication (3)
- Family Law (3)
- International Law (3)
- State and Local Government Law (3)
- Supreme Court of the United States (3)
- Comparative and Foreign Law (2)
- Computer Law (2)
- Institution
-
- University of Michigan Law School (23)
- Selected Works (11)
- University of Denver (6)
- BLR (4)
- SelectedWorks (4)
-
- Cornell University Law School (3)
- New York Law School (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Belmont University (2)
- Florida State University College of Law (2)
- Georgetown University Law Center (2)
- Mitchell Hamline School of Law (2)
- University at Buffalo School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Duquesne University (1)
- Penn State Dickinson Law (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- UIC School of Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Richmond (1)
- Keyword
-
- Legal writing (11)
- Legal research (6)
- Sturm College of Law (6)
- Articles (5)
- Legal scholarship (5)
-
- Treatises (5)
- Kamisar (Yale) (4)
- Legal Analysis and Writing (4)
- AALL (3)
- Legal Research and Bibliography (3)
- Legal education (3)
- Legal reasoning (3)
- Miranda v. Arizona (3)
- Publications (3)
- Websites (3)
- ALL-SIS (2)
- Civil Procedure (2)
- Confessions (2)
- Critical legal studies (2)
- Employee (2)
- Employer (2)
- Evidence (2)
- FAA (2)
- Federal Arbitration Act (2)
- Federal Rules of Evidence (2)
- Institute of Continuing Legal Education (2)
- Judges (2)
- Jurisprudence (2)
- Language (2)
- Law schools (2)
- Publication
-
- Michigan Law Review (14)
- Articles (7)
- Sturm College of Law: Faculty Scholarship (6)
- Adam Epstein (4)
- Cornell Law Faculty Publications (3)
-
- ExpressO (3)
- Faculty Scholarship (3)
- Scholarly Works (3)
- Articles & Chapters (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Joel Fishman (2)
- Law Faculty Publications (2)
- Law Faculty Scholarship (2)
- Scholarly Publications (2)
- The Journal of Appellate Practice and Process (2)
- William Mitchell Law Review (2)
- All Faculty Scholarship (1)
- Articles, Book Chapters, & Popular Press (1)
- Book Chapters (1)
- Brigham Young University Education and Law Journal (1)
- E. Joan Blum (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Scholarly Works (1)
- Faculty Works (1)
- Gail A. Partin (1)
- George Mason University School of Law Working Papers Series (1)
- Hon. Gerald Lebovits (1)
- Jackson Nyamuya Maogoto (1)
- Journal Articles (1)
- Publication Type
- File Type
Articles 61 - 89 of 89
Full-Text Articles in Legal Writing and Research
Standards Of Evidence In Administrative Proceedings, William H. Kuenhle
Standards Of Evidence In Administrative Proceedings, William H. Kuenhle
NYLS Law Review
No abstract provided.
Irlafarc! A Survey On The Language Of Legal Writing, Terrill Pollman
Irlafarc! A Survey On The Language Of Legal Writing, Terrill Pollman
Scholarly Works
Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Scholarly Works
In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
Stories About Miranda, George C. Thomas Iii
Stories About Miranda, George C. Thomas Iii
Michigan Law Review
It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …
Books Received, Michigan Law Review
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Michigan Law Review
In Part I, I expand on the distinction between the Horatian and the Menippean forms of satire and then suggest that a similarly bold division can be used to map satirical legal studies. In support of that argument, I use the example of the earliest surviving satirical legal poem within the Western tradition. My analysis of this exemplary satirical legal artifact delineates four principal modes of legal satire that will organize the ensuing discussion of more contemporary examples of the genre. In Part II, I will address the currently popular and yet somewhat novel mode of ad hominem or nominate …
Major Resources For The New Family Law Attorney, Barbara H. Garavaglia
Major Resources For The New Family Law Attorney, Barbara H. Garavaglia
Articles
While experienced family law lawyers are undoubtedly familiar with the array of research resources most useful to the family law practitioner, new attorneys and attorneys new to family law practice may need guidance in locating and identifying the most efficient and useful source material to help them in their family law work. Sherri L. Katz provided an excellent and comprehensive list of family law resources in her article "Best Research Resources on Family Law," Mich BJ79, no. 2 (2000): 196 (hereinafter "Best Research Resources"). Although the article is three years old, its excellent and comprehensive descriptions of the "best" resources …
The Law Professor As Legal Commentator, Amy Gajda
The Law Professor As Legal Commentator, Amy Gajda
Faculty Scholarship
No abstract provided.
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Michigan Law Review
When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Michigan Law Review
Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper
Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper
Articles
Devoted fans and casual users of the Federal Rules of Civil Procedure will feel mixed emotions on contemplating the Style Project that aims to rewrite every rule from Rule 1 to the end. Well they might. The Style Project's purpose is simply stated. The Civil Rules, created in an inspired fit of creativity, have been amended repeatedly over the years. Experience has shown that even inspired initial drafting could not avoid all misadventures and that amendments drafted by successive generations wielding different drafting tools do not always fit well. The present rules can be reworked to say more clearly what …
Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar
Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar
Articles
As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
Articles
When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.
Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia
Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia
Articles
Over the past decade, attorneys have increasingly sought free electronic resources on the web to meet their research needs in order to control research costs. The need for free or low-cost access to legal materials is especially critical for solo practitioners and attorneys with smaller practices who live in areas without access to a law library or who may find the cost of commercial print and electronic resources prohibitive.
Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross
Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross
Articles & Chapters
No abstract provided.
Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley
Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley
Articles
Theorists in ethics and law posit a dialectical relationship between principles and cases; abstract principles both inform and are informed by the decisions of specific cases. Until recently, however, it has not been possible to investigate or confirm this relationship empirically. This work involves a systematic study of a set of ethics cases written by a professional association's board of ethical review. Like judges, the board explains its decisions in opinions. It applies normative standards, namely principles from a code of ethics, and cites past cases. We hypothesized that the board's explanations of its decisions elaborated upon the meaning and …
The Narratives Of Cyberspace Law (Or, Learning From Casablanca), Michael J. Madison
The Narratives Of Cyberspace Law (Or, Learning From Casablanca), Michael J. Madison
Articles
Cyberspace scholars have wrestled extensively with the question of the "right" metaphorical approach to the Internet, in order to guide legal and policy decisions. Literary theorists have wrestled with the perception that cyberspace undermines conventional ideas about narrative. This Essay suggests that each group could learn from the other. Cyberspace tells a better story than literary scholars believe, and the lawyers should pay more attention to the narrative attributes of cyberspace. To illustrate the argument, the Essay proposes a specific story framework for cyberspace: the film Casablanca.
Rethinking Crime Legislation: History And Harshness, Victoria Nourse
Rethinking Crime Legislation: History And Harshness, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
There is a truth about the criminal law that scholars evade as much as they criticize: the criminal law is produced by legislators (rather than the experts). The author states she does not know of any way to make law in a democracy other than through the voters' representatives. And, yet, it is the standard pose of the criminal law scholar to denigrate legislatures and politicians as vindictive, hysterical, or stupid. All of these things may be true but name-calling is a poor substitute for analysis. As in constitutional law, so too in criminal law, it is time to put …
Book Review Of Mark E. Wojcik, Illinois Legal Research (2003), Jennifer Locke Davitt
Book Review Of Mark E. Wojcik, Illinois Legal Research (2003), Jennifer Locke Davitt
Georgetown Law Faculty Publications and Other Works
Designed as a "teaching tool rather than a bibliographic compilation of state legal research sources" (p.xviii), "Illinois Legal Research" provides practical instruction primarily to law students. It can also serve as a ready reference tool for practitioners and others interested in researching laws specific to Illinois.
Mark Wojcik, associate professor of law at the John Marshall Law School in Chicago, begins with a quick review of basic legal research methods and gives tips for developing effective and efficient research skills. He transitions into in-depth explanations of Illinois law, covering topics such as constitutions, judicial decisions, statutes and ordinances, administrative law, …
The Battle Over Citation Form Brings Notice To Lrw Faculty: Will Power Follow?, Julie M. Cheslik
The Battle Over Citation Form Brings Notice To Lrw Faculty: Will Power Follow?, Julie M. Cheslik
Faculty Works
No abstract provided.
Introduction To The Civil Procedure Puzzle, Robert Bloom
Introduction To The Civil Procedure Puzzle, Robert Bloom
Robert M. Bloom
No abstract provided.
No Means No?: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew Lyon
No Means No?: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew Lyon
Matthew Lyon
No abstract provided.
Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis
Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus …
Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein
Adam Epstein
A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).
Bankruptcy And Sport Management, Adam Epstein
Bankruptcy And Sport Management, Adam Epstein
Adam Epstein
A discussion of the relationship between bankruptcy law and sport studies including sports management and sports law. A history of bankruptcy laws is presented, including relevancy between today and its ancient Roman roots. A list of teams and individuals (through 2003) who have filed for bankruptcy provides a springboard for further research. The differences between Chapter 7, Chapter 11 and Chapter 13 bankruptcy is presented in the context of sport. Particular emphasis is given to the bankruptcy filings by Cannondale bicycle manufacturer and sports agent David Dunn.
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Adam Epstein
Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, …
Body Blow: Boxer Chases Ambulance And Wins Judgment, Adam Epstein
Body Blow: Boxer Chases Ambulance And Wins Judgment, Adam Epstein
Adam Epstein
Case analysis and discussion of Maldonado v. Gateway Hotel Holdings, L.L.C., 2003 Mo. App. LEXIS 1577, in which the Missouri appellate court upheld a trial court decision as a professional boxer was awarded $13.7 million in compensatory damages for a hotel's failure to provide an ambulance on site after the match was over even though it had subcontracted responsibility for the event with a promoter.