Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, 2015 Barry University
Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, Cathren Koehlert-Page
Faculty Scholarship
No abstract provided.
Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, 2015 Barry University
Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, 2015 Erasmus University Rotterdam, University of Amsterdam
Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Articles, Book Chapters, & Popular Press
This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.
The Past, Present, And Future Of Canadian Environmental Law: A Critical Dialogue, 2015 University of Saskatchewan, College of Law
The Past, Present, And Future Of Canadian Environmental Law: A Critical Dialogue, Jason Maclean, Meinhard Doelle, Chris Tollefson
Articles, Book Chapters, & Popular Press
In the critical dialogue that follows, Jason MacLean, an assistant professor at the Bora Laskin Faculty of Law at Lakehead University whose research focuses on environmental law, explores some of the most salient aspects of the past, present, and future of Canadian environmental law with two of Canada’s leading environmental scholars and practitioners: Meinhard Doelle, professor of law and associate dean of research at the Schulich School of Law and director of the Marine & Environmental Law Institute at Dalhousie University; and Chris Tollefson, professor and Hakai Chair in Environmental Law and Sustainability and executive director of the Environmental Law …
Mental Illness In The Library: Ten Tips To Better Serve Patrons, 2015 University of Colorado Law School
Mental Illness In The Library: Ten Tips To Better Serve Patrons, Nick Harrell, Cindy Guyer
Publications
No abstract provided.
Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, 2015 University of Idaho College of Law
Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture
Articles
No abstract provided.
Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, 2015 Duquesne University
Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown
Duquesne Law Review
No abstract provided.
Indiana's Government Information Day Focuses On Change, Access & Continuity, 2015 Indiana University Maurer School of Law
Indiana's Government Information Day Focuses On Change, Access & Continuity, Jennifer Morgan, Sally Holterhoff
Articles by Maurer Faculty
No abstract provided.
Designing Spaces: Planning The Physical Space For A Legal Writing Program, 2015 Duquesne University
Designing Spaces: Planning The Physical Space For A Legal Writing Program, Jan M. Levine
Law Faculty Publications
No abstract provided.
Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, 2015 University of Colorado Law School
Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz
Publications
This article describes a method of research analysis and planning for legal problems. It introduces the framework of research plan, log, and product and provides a detailed research plan and log that students can use as a template for learning research. The article suggests how to teach the method in legal research classes, shares some of the author's experiences in teaching the method, and addresses some possible criticisms of this approach.
Research Strategies Using Headnotes: Citators And Relevance, 2015 University of Colorado Law School
Research Strategies Using Headnotes: Citators And Relevance, Susan Nevelow Mart
Publications
No abstract provided.
Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, 2015 Fordham University School of Law
Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney
Faculty Scholarship
The first-year curriculum at American law schools has been remarkably stable for more than 100 years. Many would say ossified. At Harvard, the First-Year Course of Instruction in 1879-80 consisted of Real Property, Contracts, Torts, Criminal Law and Criminal Procedure, and Civil Procedure. These five courses-focused heavily on judge-made common law-dominated Harvard's IL curriculum from the law school's founding into the 21st century. The same five subjects have long commanded the primary attention of first-year students at Fordham, founded in 1905, and at virtually every other U.S. law school throughout the 20th century. Starting in the 1990s, however, a growing …
Hearing Voices: Non-Party Stories In Abortion And Gay Rights Advocacy, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
Hearing Voices: Non-Party Stories In Abortion And Gay Rights Advocacy, Linda H. Edwards
Scholarly Works
During the twelve years after Roe v. Wade, the Supreme Court considered a number of abortion issues, but Thornburgh v. American College of Obstetricians & Gynecologists was the first case to raise a direct call for Roe’s demise. The issues galvanized interests on all sides. Among the welter of amicus briefs was a remarkable brief destined to create a new, controversial, and potentially powerful form of appellate advocacy. Primarily authored by Lynn M. Paltrow, the brief was submitted on behalf of the National Abortion Rights Action League (NARAL). Like a Brandeis Brief, the NARAL brief relies on sources outside …
Understanding The Tethered Generation: Next Gens Come To Law School, 2015 Duquesne University
Understanding The Tethered Generation: Next Gens Come To Law School, Mary Ann Becker
Duquesne Law Review
No abstract provided.
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', 2015 University of Pittsburgh School of Law
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
Articles
Recent discussions of experiential education have at times considered the role of moot opportunities in legal education. Many, if not most, moot courts and related activities have been designed primarily as competitions. One moot, the Willem Vis International Commercial Arbitration Moot, is different in that it was designed, and has been consistently administered, as a tool for educating future lawyers. That education has included both skills training of the highest order and the development of a doctrinal understanding of important international legal instruments, especially those created and administered by the United Nations Commission on International Trade Law (UNCITRAL). This pair …
An Essay For Professor Alan Bromberg: Removing The Taint From Past Illegal Offers And Sales - 40 Years Later, 2015 University of Pittsburgh School of Law
An Essay For Professor Alan Bromberg: Removing The Taint From Past Illegal Offers And Sales - 40 Years Later, Douglas M. Branson
Articles
In 1975, for its inaugural, the Journal of Corporation Law at the University of Iowa solicited a lead article for issue 1, page 1. The editors solicited that piece from Professor Alan Bromberg, one of the great academics of securities law, then or at any other time. Professor Bromberg, of Southern Methodist University, died last year. This article began as a piece with three goals: (1) pay homage to Professor Bromberg, whom I knew personally, and his achievements; (2) update his 1975 article; and (3) add flesh to the treatment by examining closely practical, modern day situations in which rescission …
Angst, Technology, And Innovation In The Classroom: Improving Focus For Students Growing Up In A Digital Age, 2015 Cleveland-Marshall College of Law, Cleveland State University
Angst, Technology, And Innovation In The Classroom: Improving Focus For Students Growing Up In A Digital Age, Karin Mika
Law Faculty Articles and Essays
Many professors in legal education have noticed increased angst in students, who fear that well-paying jobs are scarce. Often, that angst is manifested in the classroom. Some educators blame the phenomenon on the distractions of technology—but more specifically, the author finds that technology has brought all of our stressors to the fore, affecting concentration and the ability to absorb information. This article addresses the extent to which technology has changed the ways that people navigate the world within the span of only a few generations, and how the author continues to adjust her teaching techniques in her technology-oriented classroom in …
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, 2015 Duke Law School
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
In The Structural Transformation of the Public Sphere, Jürgen Habermas documented the historical emergence and fall of what he called the bourgeois public sphere, which he defined as “[a] sphere of private people come together as a public . . . to engage [public authorities] in a debate over the general rules governing relations in the basically privatized but publicly relevant sphere of commodity exchange and social labor.” This was a space where individuals gathered to discuss with each other, and sometimes with public officials, matters of shared concern. The aim of these gatherings was not simply discourse; these gatherings …
Law Libraries And Laboratories: The Legacies Of Langdell And His Metaphor, 2015 Duke Law School
Law Libraries And Laboratories: The Legacies Of Langdell And His Metaphor, Richard A. Danner
Faculty Scholarship
Law Librarians and others have often referred to Harvard Law School Dean C.C. Langdell’s statements that the law library is the lawyer’s laboratory. Professor Danner examines the context of what Langdell through his other writings, the educational environment at Harvard in the late nineteenth century, and the changing perceptions of university libraries generally. He then considers how the “laboratory metaphor” has been applied by librarians and legal scholars during the twentieth century and into the twenty-first. The article closes with thoughts on Langdell’s legacy for law librarians and the usefulness of the laboratory metaphor.
Creac In The Real World, 2015 University of Kentucky College of Law
Creac In The Real World, Diane B. Kraft
Cleveland State Law Review
This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …