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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 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, Daniel P. O'Gorman 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, Christian Handke, Lucie Guibault, Joan-Josep Vallbé 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, Jason MacLean, Meinhard Doelle, Chris Tollefson 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, Nick Harrell, Cindy Guyer 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, Wendy Gerwick Couture 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, Heidi K. Brown 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, Jennifer Morgan, Sally Holterhoff 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, Jan M. Levine 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, Robert M. Linz 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, Susan Nevelow Mart 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?, James J. Brudney 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, Linda H. Edwards 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, Mary Ann Becker 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', Ronald A. Brand 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, Douglas M. Branson 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, Karin Mika 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, Guy-Uriel Charles, Luis Fuentes-Rohwer 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, Richard A. Danner 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, Diane B. Kraft 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 …


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