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Full-Text Articles in Law

Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady Jan 2021

Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady

Journal of Legislation

The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …


On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez Jan 2021

On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez

Journal Articles

This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.


Litigation Analytics: A Framework For Understanding, Using & Teaching, Peter A. Hook Jan 2021

Litigation Analytics: A Framework For Understanding, Using & Teaching, Peter A. Hook

Journal Articles

This article, appearing in the American Association of Law Libraries bimonthly member magazine, provides a brief introduction (under 2000 words) to litigation analytics. It contains a definition, common uses of litigation analytics, a brief history, as well as why litigation analytics should be taught in law school. The author provides his framework for teaching and understanding litigation analytics which includes types of analytics, pivot points (perspectives from which the analytics may be understood), and contextualizes the various analytics offerings by insight-needs categories: (1) categorizing and clustering; (2) ordering, ranking, and sorting; (3) distribution; (4) comparison; (5) trends; (6) geospatial location; …