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Full-Text Articles in Law

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams Jun 2023

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal

No abstract provided.


A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library Jun 2023

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …


Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd May 2023

Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Nearly a year to the day since it was published, a book from incoming Indiana University Maurer School of Law faculty member has earned an Independent Publisher Book Award (“IPPY.”)

Professor Valena Beety’s Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights won the Gold Medal in Women’s Issues. Since 1997, the Independent Publisher Book Awards have been recognizing the best independently published books each year.

Released on May 30, 2022, Beety’s book has already won two other prestigious awards—the Montaigne Medal and the Sarton Nonfiction Award—this spring.

“Professor Beety is a tremendous teacher and scholar, and we’re proud to see …


Finding Utility In Unpublished Family Law Opinions, William B. Rheingold, Jr. May 2023

Finding Utility In Unpublished Family Law Opinions, William B. Rheingold, Jr.

University of St. Thomas Law Journal

No abstract provided.


Table Of Contents, Bradley R. Greenman May 2023

Table Of Contents, Bradley R. Greenman

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Genre Discovery 2.0, Katie Rose Guest Pryal May 2023

Genre Discovery 2.0, Katie Rose Guest Pryal

Barry Law Review

Ten years ago, I proposed the “genre discovery approach” for teaching new legal writers how to write any legal document, even ones they had never encountered before. Using the genre discovery approach, a writer studies samples of a genre to identify the genre’s conventions so that they can write the genre. From the seed of Genre Discovery 1.0, the approach’s potential has blossomed into a robust pedagogical system: Genre Discovery 2.0. Genre Discovery 2.0 is more effective than Genre Discovery 1.0 because it more explicitly integrates metacognition into its pedagogy.

Metacognition, “the concept that individuals can monitor and regulate their …


Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen May 2023

Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen

Faculty Scholarship

A case study for how to use digital object identifiers (DOIs) to make online journals more accessible and improve their site user reports.


Table Of Contents, Masthead, And Dedication, Maribeth Beyer Apr 2023

Table Of Contents, Masthead, And Dedication, Maribeth Beyer

Pepperdine Law Review

No abstract provided.


Class Of 2021 Alumna Earns National Legal Writing Award, James Owsley Boyd Apr 2023

Class Of 2021 Alumna Earns National Legal Writing Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Morgan York was in her third and final year at the Indiana University Maurer School of Law when she published an article in the Indiana Journal of Global Legal Studies. Two years later, she’s being recognized as one of the country’s top law school writers.

York published “I Just Took a DNA Test—Turns Out, I’m 100% Breaching my Donor Anonymity Contract: Direct-to-Consumer DNA Testing and Parental Medical Decision-Making” in 2021. On June 12, she’ll be one of 25 recipients of a “Law360 Distinguished Legal Writing Award” at the National Portrait Gallery in Washington, D.C. The awards are …


Table Of Contents And Masthead, Maribeth Beyer Apr 2023

Table Of Contents And Masthead, Maribeth Beyer

Pepperdine Law Review

The 2022 Pepperdine Law Review Symposium entitled, A Faster Way Home – Removing Barriers to Increase America’s Housing Supply, brought together scholars from prestigious universities and law schools, law firms, and on-the-ground community members to evaluate the barriers blocking the way to closing the nation’s housing deficit, including local opposition, cost inhibitions, zoning restrictions, and entitlements. They presented original research and findings about how the housing crisis has reached such heights because of zoning law, restrictive uses, and city board decisions. Presenting through panels and speeches, these scholars provided valuable insight into the housing crisis across the country, but especially …


Law Library Blog (April 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2023

Law Library Blog (April 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


W&L Law Library Newsletter, Vol. 2, Iss. 2 (Apr. 2023), The Law Library At Washington And Lee University School Of Law Apr 2023

W&L Law Library Newsletter, Vol. 2, Iss. 2 (Apr. 2023), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 2, Issue 2 (April 2023).


Michigan Supreme Court Records And Briefs: New Access To A Historical Resource, Virginia Thomas Apr 2023

Michigan Supreme Court Records And Briefs: New Access To A Historical Resource, Virginia Thomas

Library Scholarly Publications

The author describes a successful 3-year collaboration among publishers, academic law libraries and, of course, the Michigan Supreme Court, that resulted in digitizing Michigan Supreme Court records and briefs from 1850 through 2011 and making these items accessible online.


Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman Mar 2023

Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

Both law-making and legal interpretation involve a hermeneutic process of negotiating prejudices. Through confronting a text and engaging in the process of question and answer, an interpretation is obtained, representing a mixture of the legal horizon set by the law and the negotiated prejudices of the interpreter. A just application of legal texts only occurs due to the prejudices formed through an individual and a social consciousness. This Article focuses on the hermeneutic process in judicial decisions as exposed by differing judicial approaches based on the degree of law-making authority undertaken by the judiciary. Then, this Article demonstrates the explicit …


Kolender’S Paper Earns Ohio Environmental Writing Award, James Owsley Boyd Mar 2023

Kolender’S Paper Earns Ohio Environmental Writing Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

When a Norfolk Southern train derailed in East Palestine, Ohio, spilling hundreds of thousands of gallons of toxic chemicals into the soil, water, and air, Zoe Kolender knew the cleanup efforts would be an arduous task. But she also knew something most people don’t—that environmental disasters like the Norfolk Southern derailment are treated differently depending on the areas in which they occur.

Kolender, a 3L at the Indiana University Maurer School of Law, had been studying the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) while developing a paper for Professor India Thusi’s seminar in Critical Race Theory. CERCLA …


Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page Mar 2023

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …


Persuasion Principles For Lawyers, Jarome E. Gautreaux Mar 2023

Persuasion Principles For Lawyers, Jarome E. Gautreaux

Mercer Law Review

Lawyers spend a lot of time trying to persuade others. In this, they are not unlike most every other human being. Whether one spouse is trying to get the other to attend a sporting event they normally wouldn’t enjoy, or a car salesperson is trying to convince a potential buyer to buy the latest model convertible, or a doctor is trying to get their patient to stop smoking, all of us engage in persuasion a large portion of the time. It isn’t a stretch to say that persuading others, or at least trying to, is part of the fabric of …


Reconceiving Argument Schemes As Descriptive And Practically Normative, Brian N. Larson, David Seth Morrison Mar 2023

Reconceiving Argument Schemes As Descriptive And Practically Normative, Brian N. Larson, David Seth Morrison

Faculty Scholarship

We propose a revised definition of “argument scheme” that focuses on describing argumentative performances and normative assessments that occur within an argumentative context, the social context in which the scheme arises. Our premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and our critical framework describes a set of normative assessments available to participants in the context, what we call practically normative assessments. We distinguish this practical normativity from the rationally or universally normative assessment that might be imposed from outside the argumentative context. Thus, the practical norms represented in an argument scheme may still be …


An Integrated Approach To Citation Literacy, Jaclyn Celebrezze Feb 2023

An Integrated Approach To Citation Literacy, Jaclyn Celebrezze

Presentations

This presentation explored how integrating citation literacy instruction into the fundamentals could lead to more durable learning for students and identify five quick methods to make it happen.


Table Of Contents And Masthead, Maribeth Beyer Feb 2023

Table Of Contents And Masthead, Maribeth Beyer

Pepperdine Law Review

No abstract provided.


Formatting Legal Documents With Microsoft Word, Cardozo Law Library Feb 2023

Formatting Legal Documents With Microsoft Word, Cardozo Law Library

Flyers 2022-2023

No abstract provided.


Cedaw Convention And Engendering Faculty Of Law's Curriculum Reinforcement: A Lesson Learnt From Indonesia, Iva Kasuma, Sulistyowati Irianto Feb 2023

Cedaw Convention And Engendering Faculty Of Law's Curriculum Reinforcement: A Lesson Learnt From Indonesia, Iva Kasuma, Sulistyowati Irianto

Indonesian Journal of International Law

This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification …


Table Of Contents And Masthead, Maribeth Beyer Jan 2023

Table Of Contents And Masthead, Maribeth Beyer

Pepperdine Law Review

No abstract provided.


Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag Jan 2023

Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag

All Papers

This article examines decision‐making in Federal Court of Canada immigration law applications for stays of removal, focusing on how the rates at which stays are granted depend on which judge decides the case. The article deploys a form of computational natural language processing, using a large‐language model machine learning process (GPT‐3) to extract data from online Federal Court dockets. The article reviews patterns in outcomes in thousands of stay of removal applications identified through this process and reveals a wide range in stay grant rates across many judges. The article argues that the Federal Court should take measures to encourage …


Build A Career That Aligns With Your Passions, Ashley A. Ahlbrand Jan 2023

Build A Career That Aligns With Your Passions, Ashley A. Ahlbrand

Articles by Maurer Faculty

When I was wrapping up my final semester of law school, I was fretting about what I would do next. The job market for new attorneys had tanked, less than half of my classmates had job offers lined up, I had no connections of my own that I could work, and worse, I still didn’t know what I wanted to be when I grew up. Expressing my anxiety to our school’s Westlaw rep at the time, she asked me to reflect on my favorite parts of law school. That was easy: I loved any class where I could write a …


Feedback Loops: Feedback Fundamentals, Patrick Barry Jan 2023

Feedback Loops: Feedback Fundamentals, Patrick Barry

Books

Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.”

This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:

“One of the most memorable and useful classes I have taken in law school!”

“Excellent, full stop.”

“This class was always a fun highlight of my week.”


Household Intimacy And Being Unmarried: Family Pluralism In The Novels Of Anthony Trollope, Linda C. Mcclain, Allison Anna Tait Jan 2023

Household Intimacy And Being Unmarried: Family Pluralism In The Novels Of Anthony Trollope, Linda C. Mcclain, Allison Anna Tait

Faculty Scholarship

Many critics rightfully claim that the marriage market and an inquiry into its innermost workings are at the heart of Anthony Trollope’s novels, but this Article argues that his novels also depict—on the periphery or sometimes just hiding in plain sight—a set of curiously nonmarital households. These households vary in form, but include widows and widowers living on their own, mothers and daughters living collectively, and male cousins sharing space and the work of daily living. Critics have debated whether Trollope was simply a realistic social historian—chronicling families as he found them— or whether he constructively used literary license to …


Defeasible Semantics For L4, Guido Governatori, Meng Weng (Huang Mingrong) Wong Jan 2023

Defeasible Semantics For L4, Guido Governatori, Meng Weng (Huang Mingrong) Wong

Centre for Computational Law

The importance of defeasibility for legal reasoning has been investigated for a long time (see among other [10, 3, 11]). This notion mostly concerns the issue that textual provisions of (legal) norms typically provide prima facie conditions for their applicability, but to understand a norm in full, we have to evaluate the norms in the context in which the norm is used and to see if other norms prevent it either to apply or to be effective. In other words, when evaluating norms, we must account for possible (prima facie) conflicts and exceptions. Indeed, in general, norms first provide the …


References To Classic American Novels In Advocacy And Judicial Opinions, Douglas E. Abrams Jan 2023

References To Classic American Novels In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

With this Journal of the Missouri Bar article, the survey of courts’ cultural markers returns to literature – particularly American literature. Besides “To Kill a Mockingbird,” federal and state courts in their written opinions have cited and quoted from other classic novels written by American authors, including "Catch-22", "Moby-Dick", and "The Grapes of Wrath".


Arthur Abel Memorial Competition Writing Award, Notre Dame Law Review Jan 2023

Arthur Abel Memorial Competition Writing Award, Notre Dame Law Review

Student, Faculty, and Staff Awards

Each spring, the Notre Dame Law Review accepts entries for the annual Arthur Abel Memorial Writing Competition. Arthur Abel was a 1985 graduate of the Law School, serving on both the Notre Dame Law Review and the Journal of Legislation. After working for several years in private practice, Arthur served as Assistant General Counsel for the Equal Employment Opportunity Commission. A tireless attorney possessed of a keen intellect and a wonderful sense of humor, Arthur achieved much success in a short period of time. Tragically, Arthur's life was cut short at the age of thirty-six.

Through a generous gift …