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Articles 1 - 30 of 99
Full-Text Articles in Law
Legal Beagle's Blog Archive For December 2015, Roger Williams University School Of Law
Legal Beagle's Blog Archive For December 2015, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law
Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson
Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson
Law Library Faculty Works
This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.
Incivility In Legal Writing Can Be Costly To Client And To Attorney, Douglas E. Abrams
Incivility In Legal Writing Can Be Costly To Client And To Attorney, Douglas E. Abrams
Faculty Publications
The adversary system's pressures can strain the tone and tenor of a lawyer's oral speech, but the strain on civility can be especially great when lawyers write. Words on paper arrive without the facial expression, tone of voice, body language, and contemporaneous opportunity for explanation that can soothe face-to-face communication. Writing appears cold on the page, dependent not necessarily on what the writer intends or implies, but on what readers infer.
This article is in three parts. Part I describes two manifestations of incivility, a lawyer's written derision of an opponent, and a lawyer's written disrespect of the court. Part …
Law Library Blog (October 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg
Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg
Law Faculty Scholarship
At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …
Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow
Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow
Faculty Publications By Year
The federal Certificate of Confidentiality plays an important role in research on sensitive topics by authorizing researchers to refuse to disclose identifiable research data in response to subpoenas in any legal setting. However, there is little known about how effective Certificates are in practice. This article draws on our legal and empirical research on this topic to fill this information gap. It includes a description of the purpose of Certificates, their legislative and regulatory history, and a summary of the few reported and unreported cases that have dealt with Certificates. In addition, we outline other statutory confidentiality protections, compare them …
Igniting The Conversation: Embracing Legal Literacy As The Heart Of The Profession, Laura J. Ax-Fultz
Igniting The Conversation: Embracing Legal Literacy As The Heart Of The Profession, Laura J. Ax-Fultz
Faculty Scholarly Works
Law librarians are experts in instruction, databases, scholarship, and more. This broad expertise has exacerbated an identity crisis in the profession. The author argues that law librarians must develop a core identity, such as legal literacy, to navigate an ever-changing legal landscape that questions the future necessity of law librarians.
On The Clock: Incorporating A Timed Motion Brief Assignment To Promote Efficiency And Self-Awareness In The Writing Process, Cecilia Silver
On The Clock: Incorporating A Timed Motion Brief Assignment To Promote Efficiency And Self-Awareness In The Writing Process, Cecilia Silver
Faculty Scholarship
No abstract provided.
Toward A Writing-Centered Legal Education, Adam Lamparello
Toward A Writing-Centered Legal Education, Adam Lamparello
Res Gestae
The future of legal education—and experiential learning—should be grounded in a curriculum that requires students to take writing courses throughout law school. Additionally, the curriculum should be one that collapses the distinction between doctrinal, legal writing, and clinical faculty, as well as merges analytical, practical, and clinical instruction into a real world curriculum.
The justification for a writing-intensive program of legal education is driven by the reality that persuasive writing ability is among the most important skills a lawyer must possess and a skill that many lawyers and judges claim graduates lack. Part of the problem is that law schools …
A Little Birdie Said, Seth C. Oranburg
A Little Birdie Said, Seth C. Oranburg
Law Faculty Scholarship
Shareholders are organizing and mobilizing on new social media platforms like Twitter. This changes the dynamics of shareholder proxy contests in ways that favor shareholders over management. Disruptive technology may bring about a shareholder revolution, which may not be in shareholders’ best interests, at least from the perspective of shareholder wealth maximization, and it also has powerful implications for the future of corporate social responsibility.
Law Library Blog (September 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Teaching Remedial Problem-Solving Skills To A Law School's Underperforming Students, John F. Murphy
Teaching Remedial Problem-Solving Skills To A Law School's Underperforming Students, John F. Murphy
Faculty Scholarship
This article describes a course called the "Art of Lawyering" developed by the Texas A&M University School of Law to help the bottom quarter of the 2L class develop the critical-thinking and problem-solving skills they should have learned in their first year of law school. Students in the bottom quarter of the class at the beginning of their 2L year are most at risk for failing the bar exam after graduation. The Art of Lawyering gives these students the structural framework necessary to solve problems like a lawyer, improve their performance in law school, and pass the bar exam.
The …
"Too Many Notes"? An Empirical Study Of Advocacy In Federal Appeals, Gregory C. Sisk, Michael Heise
"Too Many Notes"? An Empirical Study Of Advocacy In Federal Appeals, Gregory C. Sisk, Michael Heise
Cornell Law Faculty Publications
The warp and woof of American law are threaded by the appellate courts, generating precedents on constitutional provisions, statutory texts, and common-law doctrines. While the product of the appellate courts is regularly the subject of empirical study, less attention has been given to the sources and methods of appellate advocacy.
Given the paramount place of written briefs in the appellate process, we should examine seriously the frequent complaint by appellate judges that briefs are too long and that prolixity weakens persuasive power. In a study of civil appeals in the United States Court of Appeals for the Ninth Circuit, we …
Trending @ Rwulaw: Lorraine Lalli's Post: Coming Home, Lorraine Lalli
Trending @ Rwulaw: Lorraine Lalli's Post: Coming Home, Lorraine Lalli
Law School Blogs
No abstract provided.
Possible Futures For The Legal Treatise In An Environment Of Wikis, Blogs, And Myriad Online Primary Law Sources, Peter W. Martin
Possible Futures For The Legal Treatise In An Environment Of Wikis, Blogs, And Myriad Online Primary Law Sources, Peter W. Martin
Cornell Law Faculty Working Papers
Major law publishers have begun producing ebook versions of some of the legal treatises they own. Despite asserted advantages over both print and online versions of the same content, these represent a step back from what treatises have become within the major online services and even further from what they might become now that numerous sources of primary law are directly accessible via the Internet.
The article traces the corporate and technological developments that have placed existing treatises in their present posture. Drawing upon the author’s own work preparing a legal treatise designed for digital rather print delivery, it reviews …
Law Library Blog (August 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Creac In The Real World, Diane B. Kraft
Creac In The Real World, Diane B. Kraft
Law Faculty Scholarly Articles
This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the "real world" of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on "first-year" issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …
Effective Writing Is Organized Writing, Melissa N. Henke
Effective Writing Is Organized Writing, Melissa N. Henke
Law Faculty Popular Media
Effective legal writers organize their analysis with the reader in mind. This article focuses on two common techniques used in creating organized writing strong topic sentences and appropriate transitions.
Reframing The Socratic Method, Jamie Abrams
Reframing The Socratic Method, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
While innovations in law teaching are everywhere, these innovations are being constructed upon and limited by the ancient architecture of the case-based Socratic method, which still endures and persists throughout first-year and upper-level courses. This article highlights how the Socratic method limits the depth and breadth of innovations in law teaching and can be reframed to better catalyze other teaching innovations, create more practice-ready lawyers, and cultivate more inclusive and inviting law classrooms. Within the existing framework of law teaching – the same casebooks, class sizes, and teaching style – the case-based Socratic method can be reframed in three straight-forward …
Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger
Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger
Law Faculty Research Publications
No abstract provided.
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
Maryland Law Review Online
No abstract provided.
Advising The President: The Growing Scope Of Executive Power To Protect America, Alberto R. Gonzales
Advising The President: The Growing Scope Of Executive Power To Protect America, Alberto R. Gonzales
Law Faculty Scholarship
The scope of power that the executive branch has to act independently of the other government branches in the national security arena is one of the most difficult questions to answer in constitutional law. Congress has passed a number of statutes empowering the President to take actions necessary to protect our national security, but on relatively few occasions has Congress authorized the President to use force through declarations of war. As Counsel to the President, my job was to work with Attorney General John Ashcroft and other senior lawyers in the Bush Administration to advise the President on the limits …
How To Have An Effective Student Conference, Karin Mika
How To Have An Effective Student Conference, Karin Mika
Law Faculty Articles and Essays
No abstract provided.
Outcomes In The Balance: The Crisis In Legal Education As Catalyst For Change, Beau Steenken
Outcomes In The Balance: The Crisis In Legal Education As Catalyst For Change, Beau Steenken
Law Faculty Popular Media
In this article, the author discusses how changes in the legal education market can force legal research teachers to focus their energies on meaningful assessment.
Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin
Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin
Independent Study Project (ISP) Collection
No abstract provided.
Risks, Goals, And Pictographs: Lawyering To The Social Entrepreneur, Alicia E. Plerhoples
Risks, Goals, And Pictographs: Lawyering To The Social Entrepreneur, Alicia E. Plerhoples
Georgetown Law Faculty Publications and Other Works
Scholars have argued that transactional lawyers add value by mitigating the potential for post-transaction litigation, reducing transaction costs, acting as reputational intermediaries, and lowering regulatory costs. Effective transactional attorneys understand their clients’ businesses and the industries or contexts in which those businesses operate. Applied to the start-up social enterprise context, understanding the client includes understanding the founders’ values, preferences, and proclivity for risk. The novel transactions and innovative solutions pursued by emerging social entrepreneurs may not lend themselves well to risk avoidance. For example, new corporate forms such as the benefit corporation are untested, yet appeal to many social entrepreneurs …
Video: Writing To Win: How Theory Meets Practice, Olympia Duhart, Camille Lamar, Beverly A. Pohl
Video: Writing To Win: How Theory Meets Practice, Olympia Duhart, Camille Lamar, Beverly A. Pohl
NSU Law Seminar Series
8:00 am to 8:45 am
Professor Olympia Duhart (’03) and Professor Camille Lamar
Using persuasive techniques to highlight the client’s point of view
Creating judge-friendly documents that streamline and simplify arguments
Presenting information clearly and concisely
Putting Theory into Practice: Interactive drafting and editing exercise
8:45 am to 9:30 am
Beverly A. Pohl, Esq., (’91) Partner, Broad and Cassel
Florida Bar Board Certified in Appellate Practice Drafting effective motions and legal memoranda for the trial court Drafting proposed orders How legal writing in the appellate court differs from trial court practice The importance of the visual appearance of legal memoranda …
The Open Access Advantage For American Law Reviews, James M. Donovan, Carol A. Watson, Caroline Osborne
The Open Access Advantage For American Law Reviews, James M. Donovan, Carol A. Watson, Caroline Osborne
Law Faculty Scholarly Articles
Open access legal scholarship generates a prolific discussion, but few empirical details have been available to describe the scholarly impact of providing unrestricted access to law review articles. The present project fills this gap with specific findings on what authors and law reviews can expect.
Articles available in open access formats enjoy an advantage in citation by subsequent law review works of 53%. For every two citations an article would otherwise receive, it can expect a third when made freely available on the Internet. This benefit is not uniformly spread through the law school tiers. Higher tier journals experience a …
Art Of Persuasion: Lessons From An Author Who Shaped Presidential Policy, Douglas E. Abrams
Art Of Persuasion: Lessons From An Author Who Shaped Presidential Policy, Douglas E. Abrams
Faculty Publications
In October of 1962, the world stood on the brink of war as the United States demanded dismantling of offensive medium-range nuclear missile sites that the Soviet Union was constructing in Cuba, potentially within striking range of American cities. From behind-the-scenes accounts, we know that a new book by historian Barbara W. Tuchman, a private citizen who held no government position, contributed directly to the negotiated outcome of the Cuban Missile Crisis as the world watched and waited. After chronicling Tuchman's contribution, this article discusses her later public commentary about what she called the "art of writing,"' commentary that holds …