Legal Writing and Research Commons^™

Student Note: Finding The Positive In A Positive Drug Test: How Narrowing The Definition Of An Individualized Pre-Employment Assessment Under The Ada Can Encourage Recovery From Opioid Dependence, Sarah Ferraro

Belmont Health Law Journal

This note will address the disparities in the way courts have analyzed the direct threat exception to ADA protection, and why a uniform application of the exception is crucial to both employers and those in recovery. Part I examines how opioids have devolved from an effective pain management tool to a national enemy. This section will answer common questions about why opioids are so addictive and why doctors prescribe them in the first place. It also addresses the scope of the ADA and the direct threat exception used to justify a decision not to hire a prescription drug user, as …

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

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 …

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 …

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.

Table Of Contents & Pepperdine Law Review Masthead, Jacob Bliss

Pepperdine Law Review

No abstract provided.

Celebrating Robert Cochran And The Future Of "Embodied" Christian Legal Scholarship, Barbara Armacost

Pepperdine Law Review

The occasion for this Article is a festschrift for Professor Robert (“Bob”) Cochran. I celebrate Bob’s significant scholarly contributions to the maturing of Christian Legal Scholarship. He applied a Christian perspective to legal issues, hosted conferences, mentored Christian Legal Scholars, and edited books of essays featuring Christian perspectives on law. Bob’s work in this area had a huge influence on the flourishing of Christian Legal Scholarship. This Article considers the future of Christian Legal Scholarship. It enters an ongoing conversation (disagreement) between law Professors David Skeel and David Caudill. In a 2008 article, Skeel defined Christian Legal Scholarship so narrowly …

Ecumenical Evangelical Legal Thought: The Contributions Of Robert F. Cochran, Jr., William S. Brewbaker Iii

Pepperdine Law Review

This Essay organizes an assessment of Robert F. Cochran’s scholarly contributions around the theme of “ecumenical evangelical legal thought.” Professor Cochran’s work bears the hallmarks of evangelicalism in its emphasis on the Bible, its practical focus, and its willingness to cross institutional and theological lines. The Essay recounts some formative influences on Professor Cochran, discusses his methodology as a Christian scholar and specifically his use of the Bible in thinking about law, his work in legal ethics, and his work as a movement-builder. It concludes with some observations about the reconciliation of ecumenism and evangelicalism in Cochran’s work and its …

Law Library Continuing Services Webpage, March 2020, University Of Georgia Law Library

COVID-19 Pandemic Archive

This screenshot was the original version of the Law Library's COVID-19 Continuing Services webpage, first published on Friday March 13, 2020 as we prepared for our first week of building closure at the onset of the pandemic. As the pandemic unfolded, and closure extended, services remained altered and most provided virtually throughout Fall 2020. This webpage would undergo many updates throughout 2020 and extend to 2021.

Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve

Cleveland State Law Review

This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Cleveland State Law Review

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …

Acknowledgements As A Window Into Legal Academia, W. Nicholson Price Ii, Jonathan Tietz

Law & Economics Working Papers

Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law-review articles to probe the nature of legal knowledge co-production and de facto peer review in legal literature. Using a survey of authors and editors and a textual analysis of approximately thirty thousand law-review articles from 2008 to 2017, we examined the nature of …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Mincing No Words: When The Court's Opinion Criticizes An Advocate's Writing, Douglas E. Abrams

Faculty Publications

In recent years, court opinions have chastised counsel’s briefs or other written submissions for such structural deficiencies as improper citations; missing exhibit labels; incomplete tables of citations; mis-numbered counts; failure to cite to the record; and skirting of court rules that regulate font size, maximum page limits, mandated margins, and the like. Beyond structure, opinions have also chastised counsel for written submissions that are “riddled with misspellings, typographical errors, punctuation errors, and grammar and usage errors” and for those marked by careless cutting-and-pasting from forms or other prior work product, or by careless reliance on spell-check.

Some opinions identify the …

Maybe If We Turn It Off And Then Turn It Back On Again? Exploring Health Care Reform As A Means To Curb Cyber Attacks, Deborah Farringer

Law Faculty Scholarship

The health care industry has moved at a rapid pace away from paper records to an electronic platform across almost all sectors — much of it at the encouragement and insistence of the federal government. Such rapid expansion has increased exponentially the risk to individuals in the privacy of their data and, increasingly, to their physical well-being when medical records are inaccessible through ransomware attacks. Recognizing the unique and critical nature of medical records, the United States Congress established the Health Care Industry Cybersecurity Task Force under the Cybersecurity Information Sharing Act of 2015 for the purpose of reviewing cybersecurity …

A Baker's Dozen Of Tips For Better Web Searches, Anne Burnett

Continuing Legal Education Presentations

Anne E. Burnett also served as Program Chair. Burnett is the Foreign and International Law Librarian for the Alexander Campbell King Law Library at the University of Georgia School of Law.

An Attorney's Guide To Business And Investigative Research, Carol A. Watson

Continuing Legal Education Presentations

Carol A. Watson is the Director of Alexander Campbell King Law Library at the University of Georgia School of Law.

Legal Literature Review Of Social Entrepreneurship And Impact Investing (2007-2017): Doing Good By Doing Business, Deborah Burand, Anne Tucker

William & Mary Business Law Review

Although the ambition to do good by doing business is not new, the burgeoning realization of this ambition is. As the fields of social entrepreneurship and impact investing advance in size, scope and complexity, questions about the roles of corporations and capital markets in society intensify.

What is legal scholarship contributing to this discussion? This Article reviews the scholarly contributions of 260 articles written by over 150 authors about the fields of social enterprise, social finance, and impact investing. The Article maps the contributions of legal scholarship over the last decade—from 2007 (when the term “impact investing” was first coined) …

I'M From The Government And I'M Here To Help: State And Federal Resources, Sharon Bradley

Presentations

Presented in Atlanta, GA as part of the State Bar of Georgia CLE Program "Internet Legal Research" on Feb. 20, 2020, 1:20 pm.

Cool Tools: Apps And Other Tools For Lawyers, Billie Jo Kaufman

Presentations

Presented in Atlanta, GA as part of the State Bar of Georgia CLE Program "Internet Legal Research" on Feb. 20, 2020, 11:20 pm.