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Articles 1 - 30 of 49
Full-Text Articles in Law
Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt
Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt
Faculty Scholarship
No abstract provided.
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The last Scrivener' introduced readers to a new comprehensive reference tool for legal writers called The Redbook. This column and Part II, to be printed in the January 2003 issue of The Colorado Lawyer, will present The Redbook responses to reader questions.
Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford
Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford
Faculty Publications
Mr Alford analyzes license agreements for electronic resources and suggests certain negotiation points to consider when entering into such an agreement. He begins by describing the results of a survey of law librarians about their preparation for and techniques used when negotiating electronic license agreements and the legal strategies used by publishers to support the licensing of electronic information. After reviewing selected principles of licensing issued by library associations and several standardized electronic license agreements, he identifies provisions in a typical agreement that should concern libraries and suggests certain arguments to use in negotiating terms more favorable to the library.
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In a bold move this year, a new book on legal style has burst full-grown from its publishers with a title based on the color of its cover: The Redbook. Although there are other, more established "Red Books," the form of the new book's title suggests that The Redbook aspires to stand on par with The Bluebook in scope and stature.
Teaching Lawyers How To Perform: Legal Citation In Montana, Stacey L. Gordon
Teaching Lawyers How To Perform: Legal Citation In Montana, Stacey L. Gordon
Faculty Journal Articles & Other Writings
No abstract provided.
Top 10 Tips On Writing For Professional Journals, Frank G. Houdek
Top 10 Tips On Writing For Professional Journals, Frank G. Houdek
Publications
The author provides ten suggestions for writers aspiring to publish in professional journals, ranging from writing about something you know to leaving yourself adequate time to revise and edit prior to a submission deadline.
Nit-Picking Or Significant Contract Choices?-Part Iii, K.K. Duvivier
Nit-Picking Or Significant Contract Choices?-Part Iii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In the March "Scrivener," I quoted three examples of revisions proposed in a lease negotiation that were characterized by one reader as "nit-picking." In the June article, I summarized the general responses I received about nit-picking from a number of readers. Two of those readers were kind enough to give me very specific feedback about the three clauses listed in the March article. This article addresses each clause individually to provide help to other readers with their negotiations. Overall, these readers concluded that each of the proposed revisions listed raised legitimate concerns for their clients that were worth discussing with …
Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier
Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The March 2002 Scrivener asked readers for feedback about how to distinguish nit-picking from requests for significant word changes in an agreement. The majority of respondents believed that the examples provided in the March article raised legitimate concerns. The July 2002 Scrivener will address those specific revisions quoted in the March article. This June article focuses on readers' general comments about crafting agreements to avoid nit-picking.
Foreword, Jeffrey S. Lehman
Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer
Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer
All Faculty Scholarship
The author reviews Michael Glennon's Limits of Law, Prerogatives of Power: Interventionism After Kosovo, discussing Glennon's approach to NATO's 1999 bombing to stop the Milosevic regime's ethnic cleansing of Kosovo in the face of the UN Charter's absolute ban on states using force except in self-defense. Finding Glennon's study at once provocative and readable, the author emphasizes the strength of Glennon's core point - the inability for the Kosovo campaign to be reconciled with the UN charter - but points to the dangers of using one instance (Kosovo) to prove bad law.
Nit-Picking Or Significant Contract Choices?-Part I, K.K. Duvivier
Nit-Picking Or Significant Contract Choices?-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Because I practiced primarily as a transactional lawyer for the eight years before I started teaching, I can sympathize with both sides of this dilemma. In practice, I ran across two alternative approaches to elases or contracts: the short "gentlemen's agreement" and the comprehensive agreement.
A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker
Faculty Publications
The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.
Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …
Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan
Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan
All Faculty Scholarship
Our goal at this conference is to begin the process of erasing the often artificial lines that presently exist between "doctrinal" and "skills" courses, between education focused on the acquisition of knowledge and education focused on the practical application of that knowledge. The lines that have been drawn are more a matter of perception than reality. If we were to deconstruct the pedagogical goals in both of these types of courses, we would find that they have as many similarities as they have differences.
The Aikido Technique For Rebutting Opposing Authority, K.K. Duvivier
The Aikido Technique For Rebutting Opposing Authority, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
A larger and stronger adversary lunges toward you, teeth bared, eyes blazing. Do you respond with equal fury, hoping in some way to match him? Or do you simply remain calm and centered, using your adversary's own energy to overpower him? The calm approach is the Aikido way, and this same approach can be an effective way of responding to negative authority in an opponent's brief.
An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen
An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen
Faculty Scholarship
The Authors discuss Legal Research and Writing course requirements at Western New England College School of Law. Although the students must complete a qualified writing course, previously there was no general advanced legal research and writing course. However, recently Western New England College School of Law has offered an Advanced Legal Research and Writing tutorial as an elective. This course is taught by a member of the Legal Research and Writing faculty on a rotating basis.
An Elective Advanced Course, Beth Cohen, Jeanne Kaiser
An Elective Advanced Course, Beth Cohen, Jeanne Kaiser
Media Presence
This Article discusses the experiences of offering an Advanced Legal Research and Writing tutorial as an elective at Western New England College School of Law. This course is taught by a member of the Legal Research and Writing faculty on a rotating basis. This elective course allows students the opportunity to research and write for another semester of law school.
A Form Letter, Richard J. Peltz-Steele
A Form Letter, Richard J. Peltz-Steele
Faculty Publications
A humorous letter from Richard J. Peltz, who at the time was an Associate Professor at William H. Bowen Law School, to Professor John M. A. DiPippa, also of Bowen Law School at the University of Arkansas in Little Rock.
What Is The Point? Teaching Ideas For Thesis Sentences, Kathleen Elliott Vinson
What Is The Point? Teaching Ideas For Thesis Sentences, Kathleen Elliott Vinson
Suffolk University Law School Faculty Works
Readers are pragmatic and want to know the bottom line. The use of strong topic or thesis sentences will grab the reader’s attention and help the reader understand the significance of the information in each paragraph. The writer does not want to waste an opportunity or just tread water in a thesis sentence by merely stating a fact. This article discusses teaching ideas and exercises for drafting effective thesis sentences.
Learning More Than Law From Maryland Decisions, Ian Gallacher
Learning More Than Law From Maryland Decisions, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Evaluating Electronic Resources: Criteria Used By Librarians, Robert J. Weiner Jr.
Evaluating Electronic Resources: Criteria Used By Librarians, Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
Librarians use a variety of criteria when evaluating research databases for potential purchase or subscription. The development of a systematic approach to making library purchasing decisions can ensure that an informed decision-making process is used in library database collection building.
Availability Of Works Cited In Recent Law Review Articles On Lexis, Westlaw, The Internet, And Other Databases, Simon Canick
Availability Of Works Cited In Recent Law Review Articles On Lexis, Westlaw, The Internet, And Other Databases, Simon Canick
Faculty Scholarship
In this study, a group of recent law articles was examined to determine the proportion of cited resources that are easily findeable online. Searches were conducted in databases such as LEXIS and Westlaw, and on the Internet, for full-text versions of every source cited in seven articles. The results have been broken down into 13 categories, including: federal cases, books, foreign law, and legal periodicals pre-1990. Not surprisingly coverage differs widely between the categories. Overall the study found that 77% of the 1,984 citations in the articles reviewed are available online. This article concludes with a general discussion of why …
Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan
Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan
Law Faculty Scholarship
Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.
The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Omar Usman
The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Omar Usman
Law Faculty Scholarship
This Note explores the evolution and maturation of Iranian Islamism from the revolutionary elites through the contemporary reformers of the 21st century. The Author examines the conflicting ideological influences that are shaping the Islamist movement in Iran. This Note begins by presenting the framework of the fundamental contradictions that underlie Iranian Islamist ideology. The analysis of the Iranian Constitution is divided into an exploration of the institutional role of the clerical elites in the form of the faqih and the Council of Guardians, the constitutionally defined role of women, the democratic elements in the Iranian Constitution, and Marxism and environmentalism …
Reflecting On The Virtual Child Porn Decision, David L. Hudson Jr.
Reflecting On The Virtual Child Porn Decision, David L. Hudson Jr.
Law Faculty Scholarship
An essay on Ashcroft v. Free Speech Coalition, the so-called virtual child pornography case.
Justice Clarence Thomas: The Emergence Of A Commercial-Speech Protector, David L. Hudson Jr.
Justice Clarence Thomas: The Emergence Of A Commercial-Speech Protector, David L. Hudson Jr.
Law Faculty Scholarship
An examination of Justice Clarence Thomas' jurisprudence regarding commercial speech.
Fear Of Violence In Our Schools: Is ‘Undifferentiated Fear’ In The Age Of Columbine Leading To A Suppression Of Student Speech?, David L. Hudson Jr.
Fear Of Violence In Our Schools: Is ‘Undifferentiated Fear’ In The Age Of Columbine Leading To A Suppression Of Student Speech?, David L. Hudson Jr.
Law Faculty Scholarship
An essay on the suppression of student speech in the age of mass school shootings.
The Courts’ Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, David L. Hudson Jr., John E. Ferguson Jr.
The Courts’ Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, David L. Hudson Jr., John E. Ferguson Jr.
Law Faculty Scholarship
The majority of courts have cited Bethel v. Fraser in such a way as to give public school officials free reign to censor vulgar, lewd, or plainly offensive student speech. Some courts have gone a step further and prohibited student speech that contains offensive ideas. This article seeks to explain how the Fraser decision curtailed student rights recognized in the Supreme Court's last pure student speech case, Tinker v. Des Moines Independent Community School District.
Balancing Act : Public Employees And Free Speech, David L. Hudson Jr.
Balancing Act : Public Employees And Free Speech, David L. Hudson Jr.
Law Faculty Scholarship
More than 20 million Americans work for federal, state or local governments. Sometimes these employees are disciplined for speaking out against government corruption, belonging to a particular political party, criticizing agency policy or engaging in private conduct of which the employer disapproves. Granted, government employers need some leeway when dealing with their employees. After all, the primary function of a government agency is to provide efficient services to the public, and if a government employer were second-guessed every time it disciplined a public employee, services could grind to a halt. On the other hand, such employers do not have unfettered …
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Faculty Articles
To fine-tune legal writing courses to better prepare law students to enter legal practice, Professors Constance Krontz and Susan McClellan surveyed judges and practicing attorneys who supervise the work of first-year associates or judicial law clerks. They selected attorneys from a variety of practices in Washington State, including offices of public defenders and state prosecutors, the Attorney General's office, and private firms of various sizes. They sought information about the performance of all first-year clerks and associates, without reference to where they obtained their law degrees. Knowledge of the bench and bar's perception of the oral and written performance of …
The Way We Were And What We “B”, Kelly Kunsch
The Way We Were And What We “B”, Kelly Kunsch
Faculty Articles
This article describes the changes over the past 20 years in the job of reference librarian. Using typical reference questions and quotes from leading law librarians in the early '80s, the author compares current practice and explains the differences in the time, place, and manner of legal reference. Although answering questions may be done today more quickly and efficiently than 20 years ago, the increase in demand and expectations make the job more challenging than ever.