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Articles 1 - 30 of 81
Full-Text Articles in Law
Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin
Blogging While Untenured And Other Extreme Sports, A. Christine Hurt, Tung Yin
Faculty Scholarship
No abstract provided.
2006 Talmadge Moot Court Competition Winning Brief, Tully Blalock, Emily Shingler
2006 Talmadge Moot Court Competition Winning Brief, Tully Blalock, Emily Shingler
Competition Materials
No abstract provided.
Learn To Write “Like The Man On The Six O’Clock News”, K.K. Duvivier
Learn To Write “Like The Man On The Six O’Clock News”, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Because your writing involves words, it might seem difficult to make your writing "transparent." However, speaking involves words too, and broadcasters employ several techniques to make their words transparent. Consequently, legal writers can look for guidance from the men and women "on the six o'clock news."
Use It Or Pretenders Will Abuse It: The Importance Of Archival Legal Information, Theodore Eisenberg
Use It Or Pretenders Will Abuse It: The Importance Of Archival Legal Information, Theodore Eisenberg
Cornell Law Faculty Publications
Archival information about the legal system should inform policymaking. Despite claims of soaring civil damages awards, modem historical data show no to little growth in tort awards and no real growth in punitive damages awards. The data also show a dramatic forty-year decline in trial rates from more than ten percent of case dispositions to less than two percent. The decline needs to be explained in part by using archival data. Contrary to perceptions underlying the Class Action Fairness Act of 2005, little systematic evidence exists that state and federal courts process class actions significantly different. These results contradict the …
Educating Students About The Critiquing Process In A Lawyering Skills Class, Joel Atlas
Educating Students About The Critiquing Process In A Lawyering Skills Class, Joel Atlas
Cornell Law Faculty Publications
The extreme performance anxiety of first-year law students along with the alien experience of receiving copious comments on their writing creates a potent, and potentially paralyzing, potion for stress. With that as a backdrop, lawyering skills teachers ought to educate students about the process of critiquing they will experience in a lawyering skills course.
Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman
Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman
Journal Articles
No abstract provided.
“Beholder” Reflections—Part Iii, K.K. Duvivier
“Beholder” Reflections—Part Iii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This is the final column in a series addressing reader expectations for objective legal writing. In the January 2006 Scrivener, I posted three samples of objective legal writing and asked readers to give me feedback through an online survey about which they preferreda nd why. The May and July columns provided analysis of reader responses to introductory and rule explanation paragraphs. This column reports on reader reactions as to what many lawyers would argue is the most important part of a legal analysis: application of the legal rule to a client's facts.
“Beholder” Reflections—Part Ii, K.K. Duvivier
“Beholder” Reflections—Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column is the second in a series analyzing feedback from readers about what they believe is good legal writing. In the January 2006 Scrivener, I provided a survey containing writing samples for three parts of an objective legal analysis. The survey questions asked readers to indicate which samples they preferred and why, and to comment on specific devices used in the samples.
How To Make The Losing Oral Argument, Coleen M. Barger
How To Make The Losing Oral Argument, Coleen M. Barger
Faculty Scholarship
No abstract provided.
“Beholder” Reflections—Part I, K.K. Duvivier
“Beholder” Reflections—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In the January 2006 Scrivener, I sought advice from my readers: Is the perception of what constitutes good legal writing in the eye of the beholder? By measuring reader reflections of the samples I posted in a survey online, I am attempting to answer this question.
From The Treasurer: Another Positive Year For Aall., Joyce Manna Janto
From The Treasurer: Another Positive Year For Aall., Joyce Manna Janto
Law Faculty Publications
This article reports on the fiscal health of the American Association of Law Libraries in 2006, including statements of assets and activities.
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn
Faculty Scholarship
In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …
Aall History Through The Eyes Of Its Presidents, Frank G. Houdek
Aall History Through The Eyes Of Its Presidents, Frank G. Houdek
Publications
On the occasion of the celebration of AALL's centennial in 2006, Professor Houdek offers a personalized history of the Association by presenting reminiscences of those who have served as its president. Collectively, these stories contribute a unique perspective on the important issues that have confronted AALL as an organization and law librarianship as a profession. They also help explain how these individuals became AALL leaders and what the experience meant to them.
Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett
Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
These comments were delivered to the “Symposium on Bloggership” held at Harvard Law School on April 28, 2006. Professor Randy Barnett discusses the pros and cons of blogging by legal scholars.
Google And Beyond: Finding Information Using Search Engines, And Evaluating Your Results, Elizabeth Geesey Holmes
Google And Beyond: Finding Information Using Search Engines, And Evaluating Your Results, Elizabeth Geesey Holmes
Presentations
Searching the World Wide Web can be a daunting task. The Web has expanded at such a rapid pace that nobody knows exactly how large it is, but it is safe to say that there are many billions of Web pages residing on servers all over the world. Add to this scenario the task of evaluating information found on the web and choosing between the hundreds of different search tools available – including directories, search engines, meta-searchers, and specialized search engines – and the situation begins to feel overwhelming. Fortunately, learning a few essential concepts of Web searching and site …
Reviewing Writing Samples, K.K. Duvivier
Reviewing Writing Samples, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The ability to write well is a critical skill for attorneys, but few law practices have the resources to provide on-the-job help for struggling writers. Consequently, many law firms use writing samples as a way to screen applicants. Every year, the Office of Career Services at the University of Denver Sturm College of Law asks me to give a workshop from the applicant perspective. Although I cover a bit more in the workshop, overall my advice to students about writing samples is pretty straightforvard.
Partnering With Decision Makers In Your Institution, Claire M. Germain
Partnering With Decision Makers In Your Institution, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Barriers In The Land Of The Free, Gary L. Mcdowell
Barriers In The Land Of The Free, Gary L. Mcdowell
Jepson School of Leadership Studies articles, book chapters and other publications
The best way to get judges to write books is apparently to lure them to the lecterns of prominent lecture series, then turn their remarks into something more permanent. Perhaps the most successful of these schemes was Judge Benjamin Cardozo's 1921 Storrs lectures at the Yale Law School that appeared in the same year as The Nature of the Judicial Process . While a judge on the New York Court of Appeals, before he was elevated to the US Supreme Court in 1932, Cardozo saw two further series of lectures appear in print as The Growth of the Law (1924) …
Aall's National Advocacy Efforts, Claire M. Germain
Aall's National Advocacy Efforts, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum
Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum
Articles
What follows is a simplified introduction to legal argument. It is concerned with the scheme of argument and with certain primary definitions and assumptions commonly used in legal opinions and analysis. This discussion is not exhaustive of all the forms of legal argument nor of the techniques of argument you will see and use this year. It is merely an attempt to introduce some commonly used tools in legal argument. It starts, as do most of your first-year courses, with the techniques of the common-law method and then proceeds to build statutory, regulatory, and constitutional sources of law into the …
Ria Federal Tax Handbook 2006 (Book Review), Elizabeth Outler
Ria Federal Tax Handbook 2006 (Book Review), Elizabeth Outler
UF Law Faculty Publications
Review and explanation of the features of the RIA Federal Tax Handbook.
The Unwritten Article, Erik M. Jensen
The Unwritten Article, Erik M. Jensen
Faculty Publications
A law review article without footnotes? Unthinkable. But what about an article with only footnotes - and footnotes to footnotes? Thinkable. And here it is.
Performance Scholarship And The Internal Revenue Code, Erik M. Jensen
Performance Scholarship And The Internal Revenue Code, Erik M. Jensen
Faculty Publications
If we can have performance art-and we can-why not performance scholarship? This commentary suggests an entirely new scholarly emphasis for legal academics. (OK, it's not entirely new, but it's new for those of us not teaching trial practice.)
Law Review Correspondence: Better Read Than Dead?, Erik M. Jensen
Law Review Correspondence: Better Read Than Dead?, Erik M. Jensen
Faculty Publications
These essays were part of a mini-symposium, “Of Correspondence and Commentary,” published by the Connecticut Law Review. At the time, a number of prominent law reviews had begun to publish “correspondence,” shorter pieces generally commenting on work published in the reviews. Whatever they were called, however, these pieces looked an awful lot like articles, complete with footnotes, titles with colons, and other law-review-type stuff. The author used the creation of correspondence sections to ruminate on the nature of legal scholarship, as published in student-edited law reviews, and in particular to wonder whether authors were using correspondence sections as backdoor ways …
A Call For A New Buffalo Law Scholarship, Erik M. Jensen
A Call For A New Buffalo Law Scholarship, Erik M. Jensen
Faculty Publications
Those who haven't been paying attention to buffalo law should.
The Law Review Manuscript Glut: The Need For Guidelines, Erik M. Jensen
The Law Review Manuscript Glut: The Need For Guidelines, Erik M. Jensen
Faculty Publications
Legal academics generally publish in student-edited journals that have no sole-submission requirement, and it is common for authors to submit articles to dozens of journals at a time. As a result, law reviews are buried in manuscripts. Most manuscripts cannot even be looked at, much less evaluated, and there’s not much reason for evaluation anyway: a journal has little chance to publish any particular article. In short, the legal publication system is broken. (Indeed, given the ease and trivial cost of electronic submission - why not submit the article on artichoke law to Yale as well as So-So State? - …
A Blog's Life, Mary Whisner
A Blog's Life, Mary Whisner
Librarians' Articles
Seeking to provide a current awareness service to an underserved part of her library's clientele, Ms. Whisner enters the world of blogging and discovers that there is both joy and learning to be had in bringing a blog to life.
Teaching As Art Form - Review Of The Elements Of Teaching, David I.C. Thomson
Teaching As Art Form - Review Of The Elements Of Teaching, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
The authors of this gem of a book—both retired college teachers who gave their professional lifetimes to teaching—write simply and passionately about what it takes to be an effective teacher, and manage to reduce the key aspects of a complex process down to nine primary elements. In so doing, they provide not only a road map of aspiration for the new teacher, but also signposts of inspiration for the experienced teacher.
Eye Of The Beholder, K.K. Duvivier
Eye Of The Beholder, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Fortunately, some universals about legal audiences help make the task of defining good legal writing easier than defining good fiction writing. Legal writing must be utilitarian, so the emphasis should be on the message rather than on the writing itself. Consequently, to avoid distracting or turning off readers, my students must concentrate as much on what they should not write as on what they actually do write.
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine
Faculty Articles
While I consider case analysis in the context of cultural defense jurisprudence, this Essay should be regarded as a case study of a more endemic problem in legal scholarship. In tackling such an area, my goal is not to overthrow centuries of legal analysis, but rather to explore how we, as legal scholars, might use social science techniques to more systematically investigate, document, analyze, and predict the state of a particular comer of the legal universe.
The argument proceeds in two parts. Part II considers empirical approaches to the question raised by Lee: how might we ascertain the relationship between …