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Collected Works, January 13, 2017, University of Michigan Law School 2017 University of Michigan Law School

Collected Works, January 13, 2017, University Of Michigan Law School

Newsletters

Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.


Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson 2017 John Marshall Law School

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

Darby Dickerson

No abstract provided.


An Un-Uniform System Of Citation: Surviving With The New Bluebook, 26 Stetson L. Rev. 53 (1996), Darby Dickerson 2017 John Marshall Law School

An Un-Uniform System Of Citation: Surviving With The New Bluebook, 26 Stetson L. Rev. 53 (1996), Darby Dickerson

Darby Dickerson

No abstract provided.


Citation Frustrations--And Solutions, 30 Stetson L. Rev. 477 (2000), Darby Dickerson 2017 John Marshall Law School

Citation Frustrations--And Solutions, 30 Stetson L. Rev. 477 (2000), Darby Dickerson

Darby Dickerson

Working with citations is a fact of life on law journals. Because citation work is detail-oriented, requires great concentration, and is sometimes perceived as "drudge work,"' it often generates a high level of frustration among law review staff, editors, and authors. This Article will address the primary frustrations suffered by each group and will propose solutions for alleviating those frustrations.


Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, 52 Vill. L. Rev. 21 (2007), Darby Dickerson 2017 John Marshall Law School

Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, 52 Vill. L. Rev. 21 (2007), Darby Dickerson

Darby Dickerson

No abstract provided.


Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen 2017 Concordia Univeristy School of Law

Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen

Faculty Scholarship

This article follows up on Liying Yu’s 2008 survey exploring the state of legal research instruction in Chinese law schools. The updated survey revisits the state of legal research instruction in China, explores several aspects not previously addressed, and discusses broader issues relevant to law librarianship in China such as management models, funding, staffing, and law librarian faculty status.


A Missed Opportunity To Clarify Students' First Amendment Rights In The Digital Age, Elizabeth Shaver 2017 The University of Akron

A Missed Opportunity To Clarify Students' First Amendment Rights In The Digital Age, Elizabeth Shaver

Akron Law Publications

In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds ...


Statutory Law, Kathleen Klepfer, Alexis Fetzer 2017 University of Richmond

Statutory Law, Kathleen Klepfer, Alexis Fetzer

Law Faculty Publications

This chapter describes the sources of law created by the legislative branch of the Commonwealth of Virginia. The materials include the laws enacted by the Virginia General Assembly, the publications in which those laws are found, and the resources available to assist in interpreting the legislative enactments.

The cardinal rule in Virginia statutory construction is that the statute expresses the intention of the lawmakers. Therefore, it falls upon the courts to ascertain the General Assembly’s intent where that intent becomes important in the application of statutory materials. When researching Virginia statutes, certain principles of interpretation and application must be ...


A Guide To Legal Research In Virginia, Joyce Manna Janto 2017 University of Richmond

A Guide To Legal Research In Virginia, Joyce Manna Janto

Law Faculty Publications

The primary goal of this new edition of A Guide to Legal Research in Virginia is to expand coverage in several chapters and to add a new chapter covering legal ethics materials. This edition also notes changes in the URLs for many Virginia government websites. Most of these changes are likely based on changes in administrations and technological upgrades. The researcher should be aware that there is a lack of consistency among Virginia government web addresses. Changes in the operation and coverage of the major legal databases are noted where appropriate. Today, Virginia practitioners have a wide variety of resources ...


Implementing A First-Year Research Assessment, Savanna L. Nolan 2017 University of Baltimore School of Law

Implementing A First-Year Research Assessment, Savanna L. Nolan

All Faculty Scholarship

University of Baltimore Law librarians do not have a formal role in teaching legal research, but are frequent guest lecturers and recognized research experts. As such, we volunteered to administer UB's first summative assessment in accordance with the recent implementation of ABA Standard 314. This poster shows the steps taken to design, execute, and grade this legal research assessment, as well as how we reported the results to stakeholders.

The assessment had an objective true/false and multiple-choice section, and a subjective essay question. The librarians selected objective questions considering the core legal research competencies identified by RIPS-SIS following ...


New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger 2017 University of Baltimore School of Law

New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger

Notre Dame Law Review Online

This Essay argues that conceptualizing emerging legal technologies using inherited research metaphors is like pouring new wine in old wineskins—it simply doesn’t work. This Essay proposes to replace outdated research metaphors with updated metaphors that can provide the fresh wineskin to conceptualize current research challenges.


Fastcase, Roger V. Skalbeck 2017 University of Richmond

Fastcase, Roger V. Skalbeck

Law Faculty Publications

In February 2006, the VSB gave its notice of intent to award a contract to Fastcase, a legal research vendor now based in Washington, D.C. Fastcase provides online legal research services to more than two dozen bar associations and has been the provider of legal research services in Virginia since this original contract award. On January 26, 2016, the VSB published a notice of intent to award Fastcase a new three-year contract with optional one-year renewals. All lawyers admitted to practice in Virginia have access to the Fastcase platform as part of their annual bar dues.

Fastcase is a ...


Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page 2017 Barry University

Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.


An Empirical Study Of Law Journal Copyright Practices, 16 J. Marshall Rev. Intell. Prop. L. 207 (2017), Brian Frye, Christopher Ryan, Franklin Runge 2017 John Marshall Law School

An Empirical Study Of Law Journal Copyright Practices, 16 J. Marshall Rev. Intell. Prop. L. 207 (2017), Brian Frye, Christopher Ryan, Franklin Runge

The John Marshall Review of Intellectual Property Law

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright ...


Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner 2017 John Marshall Law School

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

Faculty Scholarship

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in ...


Beyond Stamp Collecting: Ronald Coase And “Scientific” Legal Scholarship, John N. Drobak 2017 Washington University School of Law

Beyond Stamp Collecting: Ronald Coase And “Scientific” Legal Scholarship, John N. Drobak

Washington University Journal of Law & Policy

This Essay argues that legal scholarship is properly considered a highly technical field of study rather than a system based on classifications. Drobak concedes that excellent legal scholarship requires a complex system of classifications akin to “stamp collecting.” Drobak then makes a case for legal research as a technical science requiring an interdisciplinary approach to confront new issues and further develop current legal doctrines.


Embracing New (And Old) Ideas, James E. Daily 2017 Washington University School of Law

Embracing New (And Old) Ideas, James E. Daily

Washington University Journal of Law & Policy

This Essay, by James E. Daily, lecturer at Washington University School of Law, identifies current declines in the demand for legal education and the greater job market offers a possible solution—re-introducing the LL.B degree. Daily looks at the historical increases in demand that led to the acceptance of the J.D. as the standard law degree required for practice. Daily proposes law schools should re-organize the current J.D. program to become a research or theory-focused advanced degree, and re-introduce the LL.B undergraduate LL.B degree that integrates the use and creation of new technologies in legal ...


A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz 2017 University of Michigan Law School

A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz

Michigan Telecommunications and Technology Law Review

With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy ...


Finding Purpose: Perspective From A "Non-Elite" Journal, Jonathan F. Will 2017 Touro College Jacob D. Fuchsberg Law Center

Finding Purpose: Perspective From A "Non-Elite" Journal, Jonathan F. Will

Touro Law Review

No abstract provided.


Fostering Student Authorship, Amy R. Mashburn, Sharon E. Rush 2017 Touro College Jacob D. Fuchsberg Law Center

Fostering Student Authorship, Amy R. Mashburn, Sharon E. Rush

Touro Law Review

No abstract provided.


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