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On Appeal: Courts, Lawyering, And Judging, John P. Frank 2018 University of Maine School of Law

On Appeal: Courts, Lawyering, And Judging, John P. Frank

Maine Law Review

Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.


Maine Law Review Cumulative Index, Leigh Stephens McCarthy Editor-in-Chief 2018 University of Maine School of Law

Maine Law Review Cumulative Index, Leigh Stephens Mccarthy Editor-In-Chief

Maine Law Review

No abstract provided.


Law Library Blog (April 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (April 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Green Bag Cataloging Trivia, Aaron S. Kirschenfeld 2018 University of North Carolina at Chapel Hill

Green Bag Cataloging Trivia, Aaron S. Kirschenfeld

Faculty Publications

No abstract provided.


Books Have The Power To Shape Public Policy, Barbara McQuade 2018 University of Michigan Law School

Books Have The Power To Shape Public Policy, Barbara Mcquade

Michigan Law Review

In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.

Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.

And books about the law, like the ones ...


Table Of Contents And Masthead, Cameron Fraser 2018 Pepperdine University

Table Of Contents And Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


To Verb Or Not To Verb, Jason G. Dykstra 2018 Concordia University School of Law

To Verb Or Not To Verb, Jason G. Dykstra

Jason Dykstra

The metamorphosis of nouns into verbs, commonly called verbing or verbification, reflects a time-honored tradition in the English language of coining new uses from familiar words. Linguists use the term "functional shifting" to describe the conversion of nouns into verbs and vice versa. Verbing is common. By one estimate, about twenty percent of all verbs in English derive from nouns. Almost any noun can be verbed. Some verbed nouns are easy to identify because they don't change form when they become verbs: stump, mouse and torpedo. But, the transformation of other nouns into verbs requires the addition of an ...


Govern Yourself Accordingly: Crafting Effective Demand Letters, Jason G. Dykstra 2018 Concordia University School of Law

Govern Yourself Accordingly: Crafting Effective Demand Letters, Jason G. Dykstra

Jason Dykstra

An effective demand letter can expediently resolve a dispute without litigation. But a poorly conceived demand letter can accelerate a dispute toward litigation and even generate negative publicity. Like all correspondence, demand letters need to be tailored in tone and content for varied audience, both the intended recipient and other foreseeable recipients.

Beyond the intended recipient, the audience for a demand letter could encompass insurance adjusters, in-house counsel, and perhaps even the public via social media or press coverage. Therefore, an effective demand letter should not only be polite but firm, but also tell a persuasive story that evokes incredulity ...


Enhancing The Effectiveness Of Your Legal Writing With Plain English, Jason G. Dykstra 2018 Concordia University School of Law

Enhancing The Effectiveness Of Your Legal Writing With Plain English, Jason G. Dykstra

Jason Dykstra

This article focuses on areas where busy practitioners can aspire for plain English and not only improve their writing but possibly avoid a few pitfalls. As Justice Brandeis once remarked[, "T]here is no such thing as good writing. There is only good rewriting" So here are three areas to focus on as you rewrite: minimizing initialisms, acronyms, and defined terms; losing legal jargon and cutting clutter; and balancing legal terms and precision. [excerpt]


Good Old-Fashioned Editing, Jason G. Dykstra 2018 Concordia University School of Law

Good Old-Fashioned Editing, Jason G. Dykstra

Jason Dykstra

While not perfect, the spelling and grammar review features of word processing software can prove good editing tools. Similarly, find and replace features can help ferret out any lurking malapropisms. These searches can avert the potential embarrassment of quoting a "statue" in the Idaho Code in a brief filed in "Canon County' However, electronic editing does not supplant the good old-fashioned printing-a-fresh-draft- and-reading-keenly style of editing. This article focuses on a few tips to optimize the effectiveness of editing text in print. [excerpt]


Bridging The Gap: Transistioning Law School Legal Writing Skills To Practicing Law, Jason G. Dykstra 2018 Concordia University School of Law

Bridging The Gap: Transistioning Law School Legal Writing Skills To Practicing Law, Jason G. Dykstra

Jason Dykstra

Stylistically ... law school legal writing differs somewhat from writing in practice. ...This article ... is designed to help transition the legal writing skills honed in law school to the practice of Law. [excerpt]


Keeping Pace With Technology-Driven Profession, Jodi Nafzger 2018 Concordia University School of Law

Keeping Pace With Technology-Driven Profession, Jodi Nafzger

Jodi Nafzger

With the increasing use of E-discovery and paperless judicial systems, members of the legal profession must consider new methods for managing the overwhelming volume of information and be competent with the emerging technologies at the center of modern law practice. It is also increasingly clear that law schools must teach the technology of law practice. The ABA Model Rules of Professional Conduct call for law school curriculum which familiarizes aspiring lawyers with important technology tools. With practical skills training in the use of effective technology tools, the next generation of lawyers can bring an enhanced mastery of business and technology ...


Index To Tenielle Fordyce-Ruff's Advocate Articles, Tenielle Fordyce-Ruff 2018 Concordia University School of Law

Index To Tenielle Fordyce-Ruff's Advocate Articles, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

This document functions as an index to help readers to navigate Professor Fordyce-Ruff's Advocate column articles better.


National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack 2018 Alexander Blewett III School of Law at the University of Montana

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land and Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...


Hand Annotation And Reliability: Corpus Linguistic Approaches To Teaching And Studying Writing, Brian Larson 2018 Texas A&M University School of Law

Hand Annotation And Reliability: Corpus Linguistic Approaches To Teaching And Studying Writing, Brian Larson

Brian Larson

If I say “He’s an eligible BLANK,” you’re likely to complete the sentence with “bachelor.” The fact that “eligible” and “bachelor” often appear together--in corpus-linguistic terms, they are collocated--tells us something about the meaning of “bachelor” that is not in its dictionary definition and related social values (e.g., gendered ones, in this example). This workshop, sponsored by the Linguistics, Language, and Writing (LLW) Standing Group, used hands-on activities to introduce theories and methods of corpus-linguistic analysis for various purposes, genres, and sub-fields within writing studies. Facilitators guided attendees through examples of the use of corpus methods in ...


A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest 2018 University of Maine School of Law

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated ...


Six Steps To Correct Commas: Achieving Punctuation Peace Of Mind, Tenielle Fordyce-Ruff 2018 Concordia University School of Law

Six Steps To Correct Commas: Achieving Punctuation Peace Of Mind, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

I set out to create a way to prevent my students from cringing when I informed them that they would have to comb over each sentence in their assignments to ensure they had used commas correctly.... The result was six simple steps to correct commas. These steps ensure that your meaning will be clear to the readers the first time they read a sentence and that your sentence will have the commas your educated readers expect. Work through all six simple steps and your readers will be impressed by your mastery of commas, even if you missed the comma class ...


Problems With Pronouns Part Iii: Gender-Linked Pronouns, Tenielle Fordyce-Ruff 2018 Concordia University School of Law

Problems With Pronouns Part Iii: Gender-Linked Pronouns, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

Recently, a student stopped me in the hall to ask about what to do because English doesn’t have a gender-neutral singular pronoun to refer to people. That reminded me that I hadn’t yet covered all of the pesky pronoun problems in this column. So this month we will continue to discuss problems with pronouns, looking at gender-linked pronouns. [excerpt]


Writing For E-Readers: Tips And Tricks To Craft Effective Briefs, Tenielle Fordyce-Ruff 2018 Concordia University School of Law

Writing For E-Readers: Tips And Tricks To Craft Effective Briefs, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

With the second wave of counties in Idaho ready for e-filing, it seemed like a good time to talk about the difference in document design for e-readers versus paper- readers. Put simply, people have different expectations and read differently when they read on a screen...[excerpt]


Pronoun Problems Part I, Tenielle Fordyce-Ruff 2018 Concordia University School of Law

Pronoun Problems Part I, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

Pronouns replace nouns, and the nouns they replace are called antecedents. Readers must be able to logically connect antecedents to their pronoun. And, pronouns need to agree with their antecedent in number, gender, and person. Most legal writers don’t have problems making pronouns agree with their antecedents in gender. Number and person can be a little trickier. If your sentence is confusing, there may be a problem with the antecedent and there may be a problem with the pronoun – so I’ll talk about each. [excerpt]


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