Legal Writing and Research Commons^™

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 ...

The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati

Boston College Law Review

The traditional framework of United States private law that every first-year student learns is that contracts and torts are different realms—contracts is the realm of strict liability and torts of fault. Contracts, we learn from the writings of Justice Holmes and Judge Posner, are best viewed as options; they give parties the option to perform or pay damages. The question we ask is whether, in the real world, that is indeed how contracting parties view things. Using a dataset made up of one thousand mergers and acquisitions (M&A) contracts and thirty in-depth interviews with M&A lawyers, we ...

Spring 2021 Newsletter: The Docket, Emma Wood

Law Library Newsletter

Copy of the Spring 2021 issue of the UMass Law Library Newsletter, The Docket.

Legal Research & Writing: An Undergraduate Pre-Law Course Design, Rachel Kathleen Strieber

Senior Theses

The purpose of this project-based thesis is to develop an undergraduate pre-law course that teaches legal research and writing (LRW) and to design its respective description, topics, reading materials, sample syllabus document, and a sample lesson plan. The research portion of this thesis will study the pedagogy of LRW and the connection between LRW skills and the students’ success in law school and careers in law. Preparing students to excel in LRW skills prior to law school through the proposed undergraduate pre-law LRW course will yield a stronger performance in a first-year law LRW course to follow and amplify students ...

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses, University of Nebraska-Lincoln

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation ...

Herding Cats: Building Student Engagement In Remote Learning In The U.S. And Uzbekistan, E. Joan Blum

Boston College Law School Faculty Papers

Reflecting on the experience of faculty at Boston College Law School and Tashkent State University of Law in Uzbekistan during the early months of the covid-19 pandemic, this essay discusses how law teachers can promote student engagement in remote learning by adapting classroom assessment techniques, or CATs, to the remote learning environment. Originally promoted in a 1988 book by Thomas A. Angelo and K. Patricia Cross as tools “to help teachers find out what students are learning in the classroom and how well they are learning it,” CATs are well-designed and well-tested in-class activities that require students to interact with ...

Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry

Pepperdine Law Review

No abstract provided.

A Review Of Grey Literature Cited By Food Loss Law And Policy Scholarship, Angela Hackstadt

University Libraries Faculty Scholarship

In the United States, state and federal programs, rules, and legislation attempt to address the social, economic, and environmental impacts of food waste. Research on the efficacy of these interventions rely on a variety of grey literature resources. Grey literature is valuable to policy research but may be overlooked because it is not published commercially and is often deemed unauthoritative. This review focuses on the use of grey literature in food waste law and policy scholarship to identify the most used sources and to determine what, if any, archiving strategies authors use. Recommendations for librarians and researchers are discussed.

Alexander Campbell King Law Library Strategic Plan, 2020-2025, University Of Georgia Law Library

Strategic Plan Documents

In 2020 a strategic plan began taking shape from UGA Law Library, in support of the emerging strategic plans from the School of Law and the University of Georgia. This five year plan states that, "The Law Library’s overall objective is to support the Law School’s strategic goals by providing exceptional instruction, research, resources, and data analytics. The Law Library supports the University and the Law School in achieving all three strategic directions for the 2020 – 2025 fiscal years."

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.

Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Getting Into The Field, Jay A. Mitchell

Journal of Food Law & Policy

A group of students enrolled in a law school clinic wanders through a large farmers' market. They stop to chat with the proprietors of a farm that has sold vegetables at the market for many years. They visit with a cheesemaker and an apple grower. A second group learns about the economic costs of organic production from a farmer and talks with an olive oil producer. Both sets of students seem unusually attentive to their surroundings. That may be because the first group helped the sponsor of the market rework the market's rules and regulations, and the second developed ...

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Assertion And Hearsay, Richard Lloret

Dickinson Law Review

This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct ...

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules ...

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole ...

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of ...

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting ...