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Full-Text Articles in Social and Behavioral Sciences

The Perfect Opinion, Andrew Jensen Kerr Jan 2020

The Perfect Opinion, Andrew Jensen Kerr

Washington University Jurisprudence Review

In my Article, "The Perfect Opinion," I collate favorite judicial opinions to inductively derive an archetype of perfection. The question of which opinions we like the most is decidedly subjective, but it also reveals implied preferences for creative judging that might not register on citation counts or be prioritized when editing casebooks. Importantly, our choice of a favorite reflects something about us. So why do judges often select non-authoritative opinions (alternative concurrences or dissents) or no- citation opinions (that don’t cite to prior case law) when asked of their favorite opinion? We might predict that most judges would select ...


The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander Jan 2020

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.


Journals Of The Century In Law, Christopher Byrne Sep 2019

Journals Of The Century In Law, Christopher Byrne

Christopher Byrne

In this essay I will humbly add my contribution to this vast literature by ranking the twentieth century's best law journals. I am not treading upon virgin ground. Over the past twenty years a number of scholars have ranked law reviews and journals using a variety of methodologies.


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler May 2019

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt Mar 2019

Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt

University Libraries Faculty Scholarship

The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government ...


The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson Feb 2018

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal on Sexual Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization ...


Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens Dec 2016

Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications

Recently, concern has been voiced within the academy regarding the marginalization of legal scholarship within the criminology and criminal justice (CCJ) discipline. Although conventional wisdom and anecdotal evidence indicate that it is difficult to get legal scholarship published in CCJ journals, there is a dearth of empirical evidence on the representation of legal scholarship in CCJ journals. The present study assesses the representation of legal scholarship in 20 CCJ journals from 2005 through 2015, examining both trends over time and variation across journals. Findings indicate legal scholarship comprises a very small portion of articles published, there has been a steep ...


The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael Jun 2016

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that describe ...


Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi Jan 2016

Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi

Law Faculty Scholarship

[Excerpt] The UNH School of Law Intellectual Property Library celebrates its twentieth anniversary this year. It is a fortuitous time for this look back and for strategic considerations for the future. This anniversary comes at a time in the history of legal education when conditions over the past few years have intensified the analysis of mission and resources for law school libraries. This article is a retrospective review of the history and dynamics surrounding the founding and first twenty years of growth. It is also an analysis of the future growth and mission of the IP Library during times that ...


Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge Oct 2014

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.


Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson Jan 2014

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars ...


Case Law Research Using Westlaw Campus, Robert Berry Jul 2013

Case Law Research Using Westlaw Campus, Robert Berry

Library Staff Publications

Presentation by Robert Berry on the basics of Case law research.


The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller Jan 2011

The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship, drafted by a group of academic law library directors, was promulgated in February 2009. It calls for two things: (1) open access publication of law school–published journals; and (2) an end to print publication of law journals, coupled with a commitment to keeping the electronic versions available in “stable, open, digital formats.” The two years since the Statement was issued have seen increased publication of law journals in openly available electronic formats, but little movement toward all-electronic publication. This article discusses the issues raised by the Durham Statement, the current ...


Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha Dec 2009

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.


Journals Of The Century In Law, Christopher Byrne Jan 2000

Journals Of The Century In Law, Christopher Byrne

Library Staff Publications

In this essay I will humbly add my contribution to this vast literature by ranking the twentieth century's best law journals. I am not treading upon virgin ground. Over the past twenty years a number of scholars have ranked law reviews and journals using a variety of methodologies.


Introduction: "Plus Ca Change...?", Stephen B. Burbank Jul 1988

Introduction: "Plus Ca Change...?", Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Book 30 Jan 1944 - Nov 1945 Jan 1945

Book 30 Jan 1944 - Nov 1945

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Books sent to war prisoners; concerned about returned members of Armed Forces “pouring” into schools and colleges; End of World War II.


Book 29 July 1942 - Dec 1943 Jan 1943

Book 29 July 1942 - Dec 1943

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Alumni joining army; Female law students; War Effort Blackouts force library to close early at times; reports of alumni missing/killed in Europe; War Labor Conference.


Book 28 July 1, 1941 - June 24, 1942 Jan 1942

Book 28 July 1, 1941 - June 24, 1942

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Attack on Pearl Harbor on December 7, 1941; United States enters World War II; Dean goes to Chattanooga for a war conference; blackouts for war effort.


Book 27 July 1940-June 1941 Jan 1941

Book 27 July 1940-June 1941

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: A woman in the class of first year students using law library; Discussion of orientation classes in law school- law faculty wanting no orientation since professional school.


Book 26 July 1, 1939 - June 30, 1940 Jan 1940

Book 26 July 1, 1939 - June 30, 1940

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Harsh winter; considering facilitating the use of personally owned typewriters; Seniors drafted up a letter to the President protesting his lack of neutrality in public utterances; Chain letter circulated by 1st year student about keeping US out of war.


Book 25 July 1, 1938 - June 30, 1939 Jan 1939

Book 25 July 1, 1938 - June 30, 1939

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Mention of new Supreme Court building in Washington; funeral of Dean Massey; law library closed in afternoons during football games.


Book 24 July 1937 - June 1938 Jan 1938

Book 24 July 1937 - June 1938

College of Law Library History

Francis Apperson has joined library staff as Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Discussion how UT one of first law libraries to permit circulation; Constitution’s 150th Anniversary.


Book 23 July 29, 1936 - June 30, 1937 Jan 1937

Book 23 July 29, 1936 - June 30, 1937

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Law school closed while President comes through Knoxville; dedication of Ferris Hall; petition to increase open hours of library; Increasing library staff hours and schedule to 40 hours a week with vacation and student assistants.


May 1, 1933 - June 30, 1933 Jan 1933

May 1, 1933 - June 30, 1933

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: UT observes daylight savings hours; Controversy about daylight savings.


Oct. 1, 1931 - June 30, 1932 Jan 1931

Oct. 1, 1931 - June 30, 1932

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: One professor mentions that all of the “poor students” have been “eliminated” from his class due to cost of school; girl law students begin to regularly use the law library; Justice Holmes retires; State Bar Exam held in Knoxville.


May 19, 1931 - Sept 30, 1931 Jan 1931

May 19, 1931 - Sept 30, 1931

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. These librarians spent their days assisting patrons, binding books, record keeping, obtaining new material for the library and writing. Records indicate attendance, what students were studying and events in the community.


Book 14 July 1929 - June 1930 Jan 1930

Book 14 July 1929 - June 1930

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Judge Swiggart of State Supreme Court used library Oct. 12, 1929; Night school begins.


Book 13 Sept 1928 - June 1929 Jan 1929

Book 13 Sept 1928 - June 1929

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Library use greatly increasing; details decisions made to improve and expand the library, working with the Knoxville Bar Association.


Book 12 Sept 1927 - Aug 1928 Jan 1928

Book 12 Sept 1927 - Aug 1928

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Bar Library Members and Lawyers using; students required to register their hours spent in the library; October 5, 1927 exercises at Jefferson Hall in honor of Governor Peay; Judge McKinney of Court of Appeals used Library Oct 6, 1927; Judge Grafton Green Chief Justice of Tennessee Supreme Court used library on Oct 16, 1927; Judge Portrum of Civil Court of Appeals used library Juan 17, 1928.