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A Bibliography Of Faculty Scholarship, Law Library 2016 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault 2016 University of Ottawa

Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault

Western Journal of Legal Studies

Often, the overall success of an Alternative Dispute Resolution (ADR) process hinges on the ability of a neutral third party to establish a level playing field supported by a sense of equal bargaining power between disputants. Most forms of ADR, including traditional approaches to mediation and arbitration, are characterized by in-person interactions, where disputants and third parties communicate through a combination of verbal and nonverbal cues. Though many believe that this form of interaction is crucial for effective communication, it may result in significant disadvantages for autistic parties who face difficulties properly discerning the intentions or meaning of these cues ...


Advocacy For Marriage Equality: The Power Of A Broad Historical Narrative During A Transitional Period In Civil Rights, Charles R. Calleros 2016 Arizona State University

Advocacy For Marriage Equality: The Power Of A Broad Historical Narrative During A Transitional Period In Civil Rights, Charles R. Calleros

Charles R. Calleros

Previous civil rights movements in the United States define broad historical patterns that form a narrative helpful to a proper understanding of new controversies. In essence, as a society we often could benefit from a reminder that our actions today will form the history for future generations, who will judge us with benefit of hindsight and a broader perspective. With each new civil rights controversy, we owe it to ourselves and to the victims of discrimination to ask whether we are once again in a period of transition, where conventional mores will soon sound as jarring as Justice Bradley’s ...


Minimizing Probate-Error Risk, Mark Glover 2016 University of Wyoming College of Law

Minimizing Probate-Error Risk, Mark Glover

University of Michigan Journal of Law Reform

Probate-error risk is the possibility that a court will incorrectly assess the authenticity of a will. By prescribing the method courts use to evaluate the authenticity of wills, the law of will-execution allocates probate-error risk between false-positive outcomes and false-negative outcomes. When a court validates an inauthentic will, it creates a false-positive outcome. When a court invalidates an authentic will, it creates a false-negative outcome. Because false-positive outcomes result in the admission to probate of inauthentic wills and false-negative outcomes result in the denial of probate of genuine wills, both can be characterized as probate errors. This framework has been ...


Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly 2016 University of Michigan Law School

Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly

University of Michigan Journal of Law Reform

The Colorado State Court of Appeals recently upheld an injunction restricting public displays of aborted fetuses. The court held that the restriction passed strict scrutiny because the state had a compelling interest in protecting children from the psychological harm of “disturbing images” and the injunction was narrowly tailored. This marked the first time an injunction had been upheld on this rationale. This Note critiques that holding and others. It contends that while some federal and state courts have recognized the interest in protecting the psychological wellbeing of children from disturbing speech as compelling, the interest is not supported by precedent ...


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll 2016 Georgetown University Law Center

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well ...


Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai 2016 Duke Law School

Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai

Faculty Scholarship

As scholars who write in intellectual property (“IP”), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come with strings attached, such as the ability to see or approve academic work prior to publication or limitations on the release of data. IP scholars who are also engaged in practice or advocacy must struggle to keep their academic and advocacy roles separate.

Our goal is ...


Dec . 15 : A Day That Changed State History, Ann M Lousin 2015 John Marshall Law School

Dec . 15 : A Day That Changed State History, Ann M Lousin

Ann M. Lousin

Chicago Daily Law Bulletin


Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus 2015 Indiana Tech Law School

Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus

Michigan Journal of Gender and Law

LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community ...


The Integrated Law School Curriculum, Adam Lamparello, Adam Lamparello 2015 Indiana Tech Law School

The Integrated Law School Curriculum, Adam Lamparello, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential ...


Books Received, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Patent And Know-How Licensing In Japan And The United States, Terry K. Smith 2015 University of Georgia School of Law

Patent And Know-How Licensing In Japan And The United States, Terry K. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward), Dean Rusk 2015 University of Georgia School of Law

Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward), Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Drafting New York Civil-Litigation Documents: Part Xlvi—Best Practices For Persuasive Writing, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xlvi—Best Practices For Persuasive Writing, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Legal Update: Federal Judicial And Regulatory Developments In Mandatory Arbitration, Matthew Lyon 2015

Legal Update: Federal Judicial And Regulatory Developments In Mandatory Arbitration, Matthew Lyon

Matthew Lyon

The feature article in last month’s DICTA provided a general overview of federal and state statutes and case law governing the enforceability of mandatory pre-dispute arbitration provisions.1 Further changes in this rapidly evolving area of the law may be coming as a result of two cases pending before the U.S. Supreme Court and one potential federal regulatory action.


Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson 2015 Penn State Law

Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson

Rebecca A. Mattson

This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.


General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr 2015 Lslamic Azad University of Tehran

General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Abstract

Sale submission to vendor and price payment by buyer generally shows just the explicit and implied will of both parties and their loyalty to their own legal commitments. For that reason, chronological ownership comes to be true in private contacts, in which vendor holding the completely discretionary by sending the object of sale by post, third party or his legal representative, provides buyer with complete discretionary for the object. For this reason, contract holds the ownership face when sale really submitted to the buyer and vender pays the price completely. When the whole object contract matters, vendor has the ...


Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson 2015 Penn State Law

Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson

Law Library Faculty Works

This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.


Drafting New York Civil-Litigation Documents: Part Xlv—Motions For Sanctions And Related Costs, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xlv—Motions For Sanctions And Related Costs, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg 2015 Georgetown Law

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Legal Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the ...


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