Green Bag Cataloging Trivia, 2018 University of North Carolina at Chapel Hill
Green Bag Cataloging Trivia, Aaron S. Kirschenfeld
No abstract provided.
Law Library Blog (April 2018): Legal Beagle's Blog Archive, 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.
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, 2018 Penn State Dickinson Law
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV ...
“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, 2018 Penn State Dickinson Law
“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc
Dickinson Law Review
The Pennsylvania Protection from Abuse Act (PFAA) empowers victims of domestic violence to obtain protection orders through a hearing process. Once the Protection from Abuse (PFA) process is initiated, a statewide registry system automatically generates a civil record. Currently, no statutory language governing the expungement of a PFA record exists in Pennsylvania, and courts have decided that a right to expungement exists only in limited circumstances. The courts are silent, however, on whether a protection order by consent of the parties with no admission of abuse is available for expungement.
This Comment begins by describing the procedure by which a ...
It’S Not The Thought That Counts: Pennsylvania Quietly Made Rape And Idsi Strict Liability Crimes, 2018 Penn State Dickinson Law
It’S Not The Thought That Counts: Pennsylvania Quietly Made Rape And Idsi Strict Liability Crimes, Jordan E. Yatsko
Dickinson Law Review
In 1982, the Pennsylvania Superior Court decided Commonwealth v. Williams, wherein the court held that a defendant charged with rape or involuntary deviate sexual intercourse (IDSI) cannot use a mistake of fact defense as to the victim’s consent. The court relied on the reasoning that a defendant’s mens rea is not an element of either rape or IDSI. Section 302 of the Pennsylvania Crimes Code, however, requires that where the legislature has failed to expressly require a finding of mens rea in the text of the statute, at least recklessness must be imputed to each material element.
Table Of Contents And Masthead, 2018 Pepperdine University
Table Of Contents And Masthead, Cameron Fraser
Pepperdine Law Review
No abstract provided.
To Verb Or Not To Verb, 2018 Concordia University School of Law
To Verb Or Not To Verb, Jason G. 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, 2018 Concordia University School of Law
Govern Yourself Accordingly: Crafting Effective Demand Letters, Jason G. 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, 2018 Concordia University School of Law
Enhancing The Effectiveness Of Your Legal Writing With Plain English, Jason G. 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, 2018 Concordia University School of Law
Good Old-Fashioned Editing, Jason G. 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, 2018 Concordia University School of Law
Bridging The Gap: Transistioning Law School Legal Writing Skills To Practicing Law, Jason G. 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, 2018 Concordia University School of Law
Keeping Pace With Technology-Driven Profession, 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, 2018 Concordia University School of Law
Index To Tenielle Fordyce-Ruff's Advocate Articles, 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, 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, 2018 Texas A&M University School of Law
Hand Annotation And Reliability: Corpus Linguistic Approaches To Teaching And Studying Writing, Brian Larson
A Matter Of Interpretation: Federal Courts And The Law, 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, 2018 Concordia University School of Law
Six Steps To Correct Commas: Achieving Punctuation Peace Of Mind, 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, 2018 Concordia University School of Law
Problems With Pronouns Part Iii: Gender-Linked Pronouns, 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, 2018 Concordia University School of Law
Writing For E-Readers: Tips And Tricks To Craft Effective Briefs, 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, 2018 Concordia University School of Law
Pronoun Problems Part I, 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]