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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 ...


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 ...


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.


99 Problems And The Bitchin' Is One: A Pragmatist's Guide To Student-Edited Law Reviews, Joëlle Anne Moreno 2017 Touro College Jacob D. Fuchsberg Law Center

99 Problems And The Bitchin' Is One: A Pragmatist's Guide To Student-Edited Law Reviews, Joëlle Anne Moreno

Touro Law Review

No abstract provided.


Long Live The Student-Edited Law Review, Mary Garvey Algero 2017 Touro College Jacob D. Fuchsberg Law Center

Long Live The Student-Edited Law Review, Mary Garvey Algero

Touro Law Review

No abstract provided.


Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School of Law 2017 Roger Williams University

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Service Within And Beyond Our Walls, Mary Whisner 2017 University of Washington School of Law

Service Within And Beyond Our Walls, Mary Whisner

Librarians' Articles

With the growth of the Internet, the typical patron base that reference librarians serve has increased to a much wider group of people who use various electronic means of communication to seek assistance. Ms. Whisner examines how technology has expanded these service borders and discusses the ramifications for the modern reference librarian.


Lexicographer For A Day, Mary Whisner 2017 University of Washington School of Law

Lexicographer For A Day, Mary Whisner

Librarians' Articles

Ms. Whisner shares her love of learning about new words and phrases, and details how she investigates their origins and usages in dictionaries and full-text databases.


Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017), Ted L. Field 2017 John Marshall Law School

Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017), Ted L. Field

The John Marshall Review of Intellectual Property Law

Following, or not following, conventions as an attorney may lead to a question of credibility. Particularly with patent law, there are certain conventions and usage errors commonly made by practitioners who are not familiar with patent law. While these errors may be irrelevant in plain English, they are often important components in the specialized language of patent law. This article discusses the importance of these components by examining examples of particular usages that often give rise to error.


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 ...


The Value Of Online Law Review Supplements For Junior And Senior Faculty, Steven W. Bender 2017 Touro College Jacob D. Fuchsberg Law Center

The Value Of Online Law Review Supplements For Junior And Senior Faculty, Steven W. Bender

Touro Law Review

No abstract provided.


Gender Justice: The Role Of Stories And Images, Linda L. Berger 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Gender Justice: The Role Of Stories And Images, Linda L. Berger

Scholarly Works

In this book chapter, Professor Berger argues for thoughtful metaphor-making and storytelling in legal writing. Exploring legal rhetoric with an eye for gender justice, she argues metaphor and narrative shape perspective and ask the reader to join the writer in the imaginative work of seeing one thing as another. The same shift in perspective that leads to re-conception—a shift that takes advantage of metaphor and narrative’s ability to say what only they can say—is what writers aim to achieve when they use metaphor and narrative for feminist and social justice advocacy.


When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger

Scholarly Works

This chapter undertakes an ideological rhetorical analysis of several key provisions of Chapters 3 and 4 of the American Bar Association’s Standards for Approval of Law Schools, specifically, the interrelated provisions that regulate the curriculum and specify the required conditions of employment for the faculty of a law school. The analysis of selected ABA Standards regulating curricula and faculty supports rhetorical analyst Sonja Foss’s conclusion that the “dominant ideology controls what participants see as natural or obvious by establishing the norm. . . . [and] provides a sense that things are the way they have to be as it asserts that ...


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.


Public Pension Reform And The Takings Clause, Michael B. Kent 2017 Belmont University

Public Pension Reform And The Takings Clause, Michael B. Kent

Belmont Law Review

Of the many current issues facing state and local governments, perhaps one of the most pressing is public pension reform. According to the U.S. Census Bureau, there are nearly 4,000 public pension systems in the United States, the vast majority (3,742) of which are administered by local governments. As of 2014, these systems had more than 19,000,000 members and more than 9,000,000 beneficiaries receiving periodic payments. But many of these systems are in serious financial trouble, collectively facing unfunded liabilities that, by some estimates, equal approximately $4.7 trillion. In light of these ...


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