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Legal Writing and Research

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1996

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Full-Text Articles in Law

The Shape Of The Internet In The Twenty-First Century, Thomas R. Bruce Dec 1996

The Shape Of The Internet In The Twenty-First Century, Thomas R. Bruce

Cornell Law Faculty Publications

No abstract provided.


Professional Courtesy, K.K. Duvivier Nov 1996

Professional Courtesy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

If you have encountered in an opposing brief any personal attacks similar to those quoted, you've probably felt tempted to respond in kind. Resist the urge.


Professional Responsibility: 1996 Survey Of Florida Law, Timothy P. Chinaris Oct 1996

Professional Responsibility: 1996 Survey Of Florida Law, Timothy P. Chinaris

Law Faculty Scholarship

The prudent practitioner will note a number of changes, some of them quite substantial, to Florida's professional responsibility landscape in 1996. Courts and ethics committees rendered decisions affecting obligations that Florida lawyers assume as they interact with prospective clients, clients, judges, other lawyers, nonlawyer assistants, third parties, and disciplinary authorities. This article examines significant cases and ethics opinions in the context of the different roles which lawyers assume during the course of their relationships with these individuals and entities. Part II explores the traditional role of the lawyer as a zealous advocate for the client. This section reviews developments of …


The Tintinnabulation Of Bell's Letters, Kenneth Lasson Oct 1996

The Tintinnabulation Of Bell's Letters, Kenneth Lasson

All Faculty Scholarship

It is easy to admire Derrick Bell for the passion of his principles, and to empathize with the pain he feels for his people. Those same emotions, however, are so often conveyed with such rhetorical acrimony that his considerable merits as a role model - as well as his standing as an impartial scholar engaged in objective and well-reasoned analysis - have come to be substantially diminished. Nevertheless Bell's letters have a disturbing resonance, a tintinnabulation that gives many people of good will second thoughts about the quest for equality in America.

Professor Bell certainly has a right to his …


Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush Oct 1996

Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush

UF Law Faculty Publications

Beginning with a discussion of the United States Supreme Court’s decision in McLaurin v. Oklahoma State Regents for Higher Education, this article discusses the meaning of “integration.” In McLaurin, the University of Oklahoma was forced to abandon its segregation policy and not separate black students from their white classmates in all settings (not just the classroom). The McLaurin decision raised the fundamental questions: "What is integration?" and "How is integration related to racial equality?" Significantly, the McLaurin Court clarifies that equality is premised on integration and that integration means more than just having a presence in an institution. …


Comments Worth Making: Supervising Scholarly Writing In Law School, Elizabeth Fajans, Mary R. Falk Sep 1996

Comments Worth Making: Supervising Scholarly Writing In Law School, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.


Pronoun References: Part Ii-A Case For Pronouns, K.K. Duvivier Sep 1996

Pronoun References: Part Ii-A Case For Pronouns, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Pronouns can be efficient writing tools: they save space and provide variation. Without them, we would repeat the original noun continually each time we referenced it.


Pronoun References: Part I-When No Substitute Will Do, K.K. Duvivier Jul 1996

Pronoun References: Part I-When No Substitute Will Do, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In our writing we know who is who and what is what, but we often fail to let our readers know. Readers follow easily if we give them specific information. A pronoun can be a good substitute for specific information, but to avoid confusion, a pronoun must clearly refer back to its antecedent-the word or words for which it substitutes.


Grammar And Style Check Programs: Machine V. Man, K.K. Duvivier May 1996

Grammar And Style Check Programs: Machine V. Man, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Garry Kasparov fought for all of us. A human being against Deep Blue, a computer that has thirty-two processors acting as thirty-two brains simultaneously to consider future chess moves. When the computer won the first game, it was an apocalypse for chess enthusiasts. Was an artificial brain actually superior? A similar question arises in writing: do computerized grammar and style checkers create superior writing?


How To Write A Losing Brief, Coleen M. Barger Apr 1996

How To Write A Losing Brief, Coleen M. Barger

Faculty Scholarship

No abstract provided.


The Dash-“A Hasty Stroke Of The Pen”, K.K. Duvivier Mar 1996

The Dash-“A Hasty Stroke Of The Pen”, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The dash is one of the most versatile punctuation marks. However, its very versatility makes it a mark to use with care. First, the dash should be distinguished from the hyphen. Al- though these two punctuation marks look similar, they differ both in form and function. In form, the dash is more elongated and does not appear as a separate symbol on most keyboards.


Reassessing Professor Hibbitt's Requiem For Law Reviews, Henry H. Perritt Jr. Mar 1996

Reassessing Professor Hibbitt's Requiem For Law Reviews, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont Mar 1996

Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.


Book Review Of A Dictionary Of Modern Legal Usage, James S. Heller Jan 1996

Book Review Of A Dictionary Of Modern Legal Usage, James S. Heller

Library Staff Publications

No abstract provided.


Book Review Of Index To Law School Theses And Dissertations, James S. Heller Jan 1996

Book Review Of Index To Law School Theses And Dissertations, James S. Heller

Library Staff Publications

No abstract provided.


Information Redlining: A List Of Selected Readings, Timothy L. Coggins Jan 1996

Information Redlining: A List Of Selected Readings, Timothy L. Coggins

Law Faculty Publications

In earlier essays Henry Perritt, Marvin Anderson, Gary Bass and Patrice McDermott discuss the increasing use of computers to access information through the information superhighway, the Internet and online services, the increasing reliance on electronic formats by publishers and the federal government and the continuing debate about "information redlining." They indicate that information redlining is broader than just the availability and effects of technology and enhanced online services on lower income, minority and rural communities. It also deals with what information will be available to these groups. As more and more data comes in digital form and when some information …


The Apostrophe: Reports Of Its Death Are Greatly Exaggerated, K.K. Duvivier Jan 1996

The Apostrophe: Reports Of Its Death Are Greatly Exaggerated, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The apostrophe is on its deathbed, if you believe Charles Larson, a professor of literature at American University. Larson argues that the apostrophe's murderers are those younger than thirty-five who persist in abusing this punctuation mark I agree with Larson that the apostrophe, as we now know it, seems endangered. However, I disagree with Larson's diagnosis of the cause.


The United Nations Convention On Contracts For The International Sale Of Goods: Guide To Research And Literature, Claire M. Germain Jan 1996

The United Nations Convention On Contracts For The International Sale Of Goods: Guide To Research And Literature, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Navigating The Dark Morass: A First-Year Student's Guide To The Library, 19 Campbell L. Rev. 115 (1996), Maureen Straub Kordesh Jan 1996

Navigating The Dark Morass: A First-Year Student's Guide To The Library, 19 Campbell L. Rev. 115 (1996), Maureen Straub Kordesh

UIC Law Open Access Faculty Scholarship

No abstract provided.


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

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

UIC Law Open Access Faculty Scholarship

No abstract provided.


The National Conference On Legal Information Issues: Selected Essays, Timothy L. Coggins Jan 1996

The National Conference On Legal Information Issues: Selected Essays, Timothy L. Coggins

Law Faculty Publications

During the past decade, information technology developments have the dissemination and use of legal and legal-related In 1995, the American Association of Law Libraries, a organization with more than 5,000 members, convened the first "National Conference on Legal Information Issues" in conjunction with its eighty-eighth meeting. National Conference provided a forum for members of the legal and information communities to discuss the challenging problems and issues arising from the dynamic technological changes that have impacted the creation, dissemination and use of legal information. The National Conference assembled more than 2,500 librarians, law faculty and deans, judges court administrators, practicing attorneys …


The Aall And Its Government Relations Program: Part I And Ii, Timothy L. Coggins Jan 1996

The Aall And Its Government Relations Program: Part I And Ii, Timothy L. Coggins

Law Faculty Publications

The Government Relations Policy [hereinafter Policy] of the AALL outlines the objectives of its government relations program. The Policy emphasizes that a primary goal of this Association's program is to ensure timely and equitable access to government and legal information. This Policy represents the views of an association with more than 5,000 members who provide law library services to government officials, the bench, the bar, legal scholars and the public in nearly 1,900 libraries. AALL, its members and its users are affected by a broad span of public policy concerns "ranging from the development of the National Information Infrastructure and …


Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder Jan 1996

Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder

Faculty Law Review Articles

The author analyzed all the U.S. Supreme Court cases and all the Tenth Circuit Court of Appeals cases for the calendar year 1995 to see how heavily legislative history was used to interpret statutes. The author begins this article by discussing the different theories of statutory interpretation, noting how legislative history fits into the picture and observing the reliance on dictionaries for interpreting words and phrases. The author also looks to see what use is being made of administrative interpretations of statutes and how that ties in with legislative history. Finally, the author looks at how U.S. Supreme Court justices …


The Use Of Journals In Legal Education: A Tool For Reflection, J.P. "Sandy" Ogilvy Jan 1996

The Use Of Journals In Legal Education: A Tool For Reflection, J.P. "Sandy" Ogilvy

Scholarly Articles

This Article demonstrates that the journal is a pedagogical tool worthy of more explicit attention by both clinical law teachers and non-clinical faculty alike. It introduces some of the literature on critical thinking and learning theory that supports the assignment of journals as an important tool in legal education; it provides a starting point for articulating pedagogical goals that can be met through journal assignments; and it alerts the first-time user to the challenges inherent in the use of journals in legal education.


Legal Skills Training In The First Year Of Law School: Research? Writing? Analysis? Or More?, Lucia A. Silecchia Jan 1996

Legal Skills Training In The First Year Of Law School: Research? Writing? Analysis? Or More?, Lucia A. Silecchia

Scholarly Articles

This Article will explore the issues that arise as more and more law schools face important definitional questions: To what extent should first year programs focus on providing in-depth research and writing training? To what extent should those programs adopt a more holistic curriculum that exposes students to a range of skills beyond research and writing?

The Article will begin with a description of what is actually done in first year programs at American law schools. This information was gathered in a Spring 1995 survey of law school research and writing programs, to which representatives of 111 schools responded. It …


Develop The Habit: Note-Taking In Legal Research, Penny A. Hazelton, Peggy Roebuck Jarrett, Nancy Mcmurrer, Mary Whisner Jan 1996

Develop The Habit: Note-Taking In Legal Research, Penny A. Hazelton, Peggy Roebuck Jarrett, Nancy Mcmurrer, Mary Whisner

Articles

No abstract provided.


Critiquing Law Students’ Writing: What The Students Say Is Effective, Anne Enquist Jan 1996

Critiquing Law Students’ Writing: What The Students Say Is Effective, Anne Enquist

Faculty Articles

It seemed worthwhile to study the comments legal writing instructors put on students' papers and ask the readers of those comments - the students themselves - which comments were the most useful. This article describes such a study that was conducted by the author using students and faculty at the University of Puget Sound School of Law. The results should be useful to new legal writing faculty who are striving to learn how to critique their students' writing effectively, as well as to experienced legal writing faculty who are interested in whether the conventional wisdom about critiquing is borne out …


Citation Practices Of The Montana Supreme Court, Fritz Snyder Jan 1996

Citation Practices Of The Montana Supreme Court, Fritz Snyder

Faculty Law Review Articles

This article discusses and analyzes the legal authorities that the Montana Supreme Court relies on in its reported opinions. The article should help Montana lawyers know which authorities are particularly important to focus on in their research and to include in their briefs to the Montana Supreme Court. The article examines how the court’s citation practices have changed over time and should assist researchers in other states who are interested in comparative court citation practices. Finally, the article analyzes the actual citation form the Montana Supreme Court uses and offers suggestions to ameliorate any confusion in the court’s current citation …


Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins Jan 1996

Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins

Faculty Scholarship

What common ground can be found between modern feminist legal theory and a century-old essay advocating understanding the law from the perspective of the "bad man"? The question admits of no simple answer. Feminists, including myself, might agree with some irony that "[i]f you want to know the law and nothing else, you must look at it as a bad man" but would add that this is precisely the problem. Of course, Holmes does not use the concept of the bad man in a feminist sense to suggest that the law empowers the bad man at the expense of women. …


Internet For Legal Information: The U.S. Experience, Claire M. Germain, Patricia G. Court, Jean Wenger, Scott Childs Jan 1996

Internet For Legal Information: The U.S. Experience, Claire M. Germain, Patricia G. Court, Jean Wenger, Scott Childs

UF Law Faculty Publications

This empirical study starts from the newest medium, the internet, and explains briefly what researchers can expect to find there in terms of legal information, and how to find the needed information. It focuses on U.S. legal information, but also touches on foreign and international law. It includes comparisons with other legal research platforms and raises a few issues.