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Table Of Contents & Masthead, Jacob Bliss 2020 Pepperdine University

Table Of Contents & Masthead, Jacob Bliss

Pepperdine Law Review

No abstract provided.


Table Of Contents & Masthead, Jacob Bliss 2020 Pepperdine University

Table Of Contents & Masthead, Jacob Bliss

Pepperdine Law Review

No abstract provided.


Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon

Nevada Law Journal

No abstract provided.


Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone 2020 Georgetown University Law Center

Cicero And Barack Obama: How To Unite The Republic Without Losing Your Head, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

By turning to the works of Cicero and Barack Obama, we can find models of how to speak into crises in ways that foster unity. Cicero’s Catilinarian orations were delivered in 63 BCE, during his one-year term as consul—the highest elected official in the Roman Republic. Facing a conspiracy by certain noble Romans, Cicero delivered a series of four speeches that drove the chief conspirator out of Rome, turned public opinion against the conspirators, and convinced the Roman Senate to support the death penalty for conspirators who remained and were captured in Rome. The Fourth Catilinarian, in which ...


A Bibliography Of Faculty Scholarship, Law Library 2020 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 ...


"Terms Of Heart": Judicial Style In Obergefell V. Hodges, Eliza S. Walker 2020 Boston College Law School

"Terms Of Heart": Judicial Style In Obergefell V. Hodges, Eliza S. Walker

Boston College Law Review

The law lives in language. The Supreme Court issues written opinions to inform the parties, the bar, and the public of its decision in each case. But the content of the decision cannot be divorced from the way it is written—that is, the style. Fundamental rights cases present a singular stylistic challenge both because they must reduce some ineffable liberty to language, and because they are the cases most likely to be read by the public. Justice Anthony Kennedy’s 2015 opinion in Obergefell v. Hodges was criticized not only for its outcome, but also for its supposedly non-legal ...


There's Feminism In Those Judgments, Anita Bernstein 2020 Brooklyn Law School

There's Feminism In Those Judgments, Anita Bernstein

Boston College Law Review

This Essay enlists the other contributions to this Symposium to honor the extraordinary transnational phenomenon of Feminist Judgments, a growing set of multi-authored volumes that find progressive potential in decisional law. Although The Common Law Inside the Female Body is a very different work, this Essay identifies common ground between this book and Feminist Judgments. The modus operandi of Feminist Judgments is to rewrite published judicial decisions to steer their results or their rationales in a feminist direction; The Common Law Inside the Female Body celebrates judge-made law as it is, in an unaltered state. That difference noted, the Feminist ...


On Lawyers And Copy Editors, Jonathan I. Tietz 2020 University of Michigan Law School

On Lawyers And Copy Editors, Jonathan I. Tietz

Michigan Law Review

Review of Benjamin Dreyer's Dreyer's English: An Utterly Correct Guide to Clarity and Style.


The History Of The Plain Language Movement And Legal Language And An Analysis Of Us Nuclear Treaty Language, Hannah Bradford Clauss 2020 University of Tennessee, Knoxville

The History Of The Plain Language Movement And Legal Language And An Analysis Of Us Nuclear Treaty Language, Hannah Bradford Clauss

Chancellor’s Honors Program Projects

No abstract provided.


Editors' Note, Michigan Law Review 2020 University of Michigan Law School

Editors' Note, Michigan Law Review

Michigan Law Review

A reflection on the origins of the Michigan Law Review book review issue.


"The Most Eloquent Dissents:" Writ Writing At Parchman Penitentiary, Aleyah Gowell 2020 William & Mary

"The Most Eloquent Dissents:" Writ Writing At Parchman Penitentiary, Aleyah Gowell

Undergraduate Honors Theses

This thesis evaluates the long history of self-advocacy on the part of incarcerated men at the Mississippi State Penitentiary at Parchman. Pro se prisoners at Parchman take to the courts to improve their conditions of confinement, defend their constitutional rights, and secure their freedom. Writ writers at the prison face pervasive obstacles and restrictions in their efforts to help themselves and their fellow prisoners, but they persist nonetheless.


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla 2020 Alexander Blewett III School of Law at the University of Montana

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith 2020 S.J. Quinney College of Law, University of Utah

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

St. Mary's Law Journal

Abstract forthcoming.


Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang 2020 St. Mary's University School of Law

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial opinion ...


Adding Legal Research To The Bar Exam: What Would The Exercise Look Like?, Patrick J. Meyer 2020 The University of Akron

Adding Legal Research To The Bar Exam: What Would The Exercise Look Like?, Patrick J. Meyer

Akron Law Review

Various authors have criticized the current bar exam format for not testing law practice skills. This is in spite of the ground-breaking MacCrate Report, the seminal publication of the practice-ready movement, which nearly 30 years ago listed ten fundamental practice skills. One of these ten Fundamental Lawyering Skills is legal research, which is still not tested on bar exams. The focus of this article will be on deficiencies pertaining to a lack of legal research readiness in the practice of law. My proposal is to add an interactive legal research exercise to the Multistate Performance Test (MPT), requiring applicants to ...


Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School of Law 2020 Roger Williams University

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Technology Adrift: In Search Of A Role For Electronic Wills, Adam J. Hirsch 2020 University of San Diego

Technology Adrift: In Search Of A Role For Electronic Wills, Adam J. Hirsch

Boston College Law Review

This Article addresses the law and public policy of electronic wills. The Article analyzes state statutes that either apply explicitly, or might apply implicitly, to wills of this type and concludes that judicial approval of electronic wills is already within the realm of possibility even in the many states that do not expressly allow them. The Article also examines the case law to date on this issue, both in the United States and in foreign jurisdictions, including several cases that have not previously been noted by American commentators. The Article then addresses the merits and demerits of electronic wills and ...


Is Transformative Use Eating The World?, Clark D. Asay, Arielle Sloan, Dean Sobczak 2020 Brigham Young University Law School

Is Transformative Use Eating The World?, Clark D. Asay, Arielle Sloan, Dean Sobczak

Boston College Law Review

Fair use is copyright law’s most important defense to claims of copyright infringement. This defense allows courts to relax copyright law’s application when courts believe doing so will promote creativity more than harm it. As the U.S. Supreme Court has said, without the fair use defense, copyright law would often “stifle the very creativity [it] is designed to foster.”

In today’s world, whether use of a copyrighted work is “transformative” has become a central question within the fair use test. The Supreme Court first endorsed the transformative use term in its 1994 Campbell v. Acuff-Rose Music ...


Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson 2020 University of Georgia School of Law

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

Boston College Law Review

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. Despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, however, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets covering several million cases across eight diverse jurisdictions ...


Table Of Contents & Pepperdine Law Review Masthead, Jacob Bliss 2020 Pepperdine University

Table Of Contents & Pepperdine Law Review Masthead, Jacob Bliss

Pepperdine Law Review

No abstract provided.


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