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Legal Writing and Research Commons

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Full-Text Articles in Legal Writing and Research

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson Nov 2011

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson

James M. Donovan

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.


Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson Nov 2011

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.


Checklists: Not Just For Pilots Anymore, Diane B. Kraft Nov 2011

Checklists: Not Just For Pilots Anymore, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft discusses how using checklists can improve an individual's legal writing skills.


Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson Oct 2011

Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.


The Perils Of Hyperbole, Diane B. Kraft May 2011

The Perils Of Hyperbole, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft makes suggestions about avoiding hyperbole in legal writing.


Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan Jan 2011

Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan

James M. Donovan

The law library can be a major contributing partner to the success of its law school by establishing a digital repository to preserve and promote the institution's intellectual memory. Today's law school repositories have matured to include many more types of materials than simply faculty law review and journal articles. Librarians are ideally poised to capture, organize and preserve their institution's history in this new and powerful showcase.


Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson Jan 2011

Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson

James M. Donovan

In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.


Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan Jan 2011

Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan

Law Faculty Scholarly Articles

The law library can be a major contributing partner to the success of its law school by establishing a digital repository to preserve and promote the institution's intellectual memory. Today's law school repositories have matured to include many more types of materials than simply faculty law review and journal articles. Librarians are ideally poised to capture, organize and preserve their institution's history in this new and powerful showcase.


Explanatory Synthesis And Rule Synthesis: A Comparative Civil Law And Common Law Analysis, Michael D. Murray Jan 2011

Explanatory Synthesis And Rule Synthesis: A Comparative Civil Law And Common Law Analysis, Michael D. Murray

Law Faculty Scholarly Articles

In comparative study of common law and civilian legal analysis, many scholars have noted a convergence in the two systems' use of precedent cases. Although common law legal theory historically has started from a position that judges are fully competent to create law and change the law through their adjudication of cases and the judicial opinions they write, and civilian theory historically has started from a position that judges are not empowered to create and change the law enacted by the legislature but rather are to read and apply the existing law to new cases, the practice of tribunals within …


Rule Synthesis And Explanatory Synthesis: A Socratic Dialogue Between Ireac And Treat, Michael D. Murray Jan 2011

Rule Synthesis And Explanatory Synthesis: A Socratic Dialogue Between Ireac And Treat, Michael D. Murray

Law Faculty Scholarly Articles

This Article explores the theory and process of explanatory synthesis in comparison to rule synthesis and case-to-case analogical reasoning as a method of demonstrative legal reasoning and analysis and legal rhetoric. The Article takes the form of a Socratic dialogue to discuss the analytical and rhetorical advantages of explanatory synthesis. Explanatory synthesis provides an important option for inductive reasoning and argumentation within the deductive paradigm of legal analysis, and has rhetorical advantages over other forms of analogical reasoning when examined using the tools of modern argument theory and the rhetorical canons of law and economics.