Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal research (7)
- Open access publishing (7)
- Law reviews (6)
- Book reviews (5)
- Law libraries (5)
-
- Legal composition (5)
- Legal literature (4)
- Legal research and writing (4)
- Classification (3)
- Law (3)
- Law librarians (3)
- Law--Study and teaching (3)
- Authorship (2)
- Empirical (2)
- Grammar Comparative and general--Syntax (2)
- International law--Legal research (2)
- Judicial opinions (2)
- Law reports digests etc (2)
- Law students (2)
- Legal research--Study and teaching (2)
- Stare decisis (2)
- Academic freedom (1)
- Academic libraries--Effect of technological innovations on (1)
- Academic libraries--Relations with faculty and curriculum (1)
- Academic writing (1)
- Acquisition of government publications (1)
- African American law students (1)
- Antiquarian booksellers (1)
- Appellate procedure (1)
- Australia (1)
- Publication Year
- Publication
Articles 1 - 30 of 53
Full-Text Articles in Law
Restating The Law In The Shadow Of Codes: The Ali In Its Formative Era, Deborah A. Demott
Restating The Law In The Shadow Of Codes: The Ali In Its Formative Era, Deborah A. Demott
Faculty Scholarship
This chapter recounts the American Law Institute’s (ALI’s) history in its formative era (1923–1945), drawing from archival sources to deepen existing accounts of the ALI’s self-definition as an ongoing institution. The history is more complex than it appears in prior accounts because institutional necessities—including funding—as well as multiple contingencies shaped both the ALI and its work. Likewise, the ALI’s signal work in this period, the Restatement, departed in significant ways from its original plan. Generating the revenues requisite to its ongoing existence required that the ALI partner with commercial publishers and, at their urging, separately publish Annotations for each Restatement …
Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale
Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale
Duke Law Journal Online
No abstract provided.
Dumping: On Law Reviews, James Boyle
Exemplary Legal Writing 2020: Five Recommendations, Femi Cadmus, Ariel A.E. Scotese
Exemplary Legal Writing 2020: Five Recommendations, Femi Cadmus, Ariel A.E. Scotese
Faculty Scholarship
A brief review of five recommended exemplary legal books published in 2020.
On The Scent: A History Of “The King Of The Foxes” Autograph Manuscript, Jennifer L. Behrens
On The Scent: A History Of “The King Of The Foxes” Autograph Manuscript, Jennifer L. Behrens
Faculty Scholarship
No abstract provided.
Reign Of Error: District Courts Misreading The Supreme Court Over Rooker–Feldman Analysis, Thomas D. Rowe Jr., Edward L. Baskauskas
Reign Of Error: District Courts Misreading The Supreme Court Over Rooker–Feldman Analysis, Thomas D. Rowe Jr., Edward L. Baskauskas
Faculty Scholarship
Seventeen decisions in nine U.S. district courts from 2006 through 2019 have taken a demonstrably misgrounded starting point for Rooker–Feldman analysis. The cases have read language from a 2006 Supreme Court opinion, in which the Court quoted criteria stated by the lower court, as their guideline. But the Court summarily vacated the lower court’s judgment, and it had previously articulated, and has repeated, different criteria for federal courts to follow. The district-court decisions all appear to have reached correct results, but the mistake about criteria should be recognized and avoided as soon as possible before it creates potential mischief. And …
Exemplary Legal Writing 2019: Books: Five Recommendations, Femi Cadmus, Casandra Laskowski
Exemplary Legal Writing 2019: Books: Five Recommendations, Femi Cadmus, Casandra Laskowski
Faculty Scholarship
A brief review of five recommended exemplary legal books published in 2019.
The Gaps Model And Faculty Services: Quality Analysis Through A “New” Lens, Alex Zhang, Sherry Xin Chen
The Gaps Model And Faculty Services: Quality Analysis Through A “New” Lens, Alex Zhang, Sherry Xin Chen
Faculty Scholarship
Faculty service is an important function of U.S. academic law libraries. This article evaluates three types of faculty services programs using the Gaps Model to identify, analyze, and propose ways to fill four main gaps: knowledge, policy, delivery, and service quality.
Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens
Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens
Faculty Scholarship
Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.
Exemplary Legal Writing 2018: Five Recommendations, Femi Cadmus, Casandra Laskowski
Exemplary Legal Writing 2018: Five Recommendations, Femi Cadmus, Casandra Laskowski
Faculty Scholarship
A brief review of five recommended exemplary legal books published in 2018.
“Unknown Symbols”: Online Legal Research In The Age Of Emoji, Jennifer L. Behrens
“Unknown Symbols”: Online Legal Research In The Age Of Emoji, Jennifer L. Behrens
Faculty Scholarship
Over the last decade, emoji and emoticons have made the leap from text messaging and social media to legal filings, court opinions, and law review articles. However, emoji and emoticons’ growth in popularity has tested the capability of online legal research systems to properly display and retrieve them in search results, posing challenges for future researchers of primary and secondary sources. This article examines current display practices on several of the most popular online legal research services (including Westlaw Edge, Lexis Advance, Bloomberg Law, Fastcase, HeinOnline, and Gale OneFile LegalTrac), and suggests effective workarounds for researchers.
Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart
Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart
Faculty Scholarship
This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.
James Dewitt Andrews: Classifying The Law In The Early Twentieth Century*, Richard A. Danner
James Dewitt Andrews: Classifying The Law In The Early Twentieth Century*, Richard A. Danner
Faculty Scholarship
This paper examines the efforts of New York lawyer James DeWitt Andrews and others to create a new classification system for American law in the early years of the twentieth century. Inspired by fragments left by founding father James Wilson, Andrews worked though the American Bar Association and organized independent projects to classify the law. A controversial figure, whose motives were often questioned, Andrews engaged the support and at times the antagonism of prominent legal figures such as John H. Wigmore, Roscoe Pound, and William Howard Taft before his plans ended with the founding of the American Law Institute in …
Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus
Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus
Faculty Scholarship
A brief review of five recommended exemplary legal books published in 2017.
Exemplary Law Books Of 2015: Five Recommendations, Femi Cadmus
Exemplary Law Books Of 2015: Five Recommendations, Femi Cadmus
Faculty Scholarship
A brief review of five recommended exemplary legal books published in 2015.
Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai
Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai
Faculty Scholarship
As scholars who write in intellectual property (“IP”), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come with strings attached, such as the ability to see or approve academic work prior to publication or limitations on the release of data. IP scholars who are also engaged in practice or advocacy must struggle to keep their academic and advocacy roles separate.
Our goal is …
Joseph Story, Ralf Michaels
Joseph Story, Ralf Michaels
Faculty Scholarship
Joseph Story (1779-1845) was one of the greatest and most influential American lawyers of all time. Both as a Supreme Court Justice and as a professor at Harvard Law School, his work and thought were, and still are, of great importance. Today’s private international law would look different without him, both in the United States and in the rest of the world. At the same time, his approach to the field cannot be properly understood unless placed within his broader work on law, and the specific American background against which it was developed.
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Alex Xiaomeng Zhang
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Alex Xiaomeng Zhang
Faculty Scholarship
Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.
Cases And Case-Lawyers, Richard A. Danner
Cases And Case-Lawyers, Richard A. Danner
Faculty Scholarship
In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
In The Structural Transformation of the Public Sphere, Jürgen Habermas documented the historical emergence and fall of what he called the bourgeois public sphere, which he defined as “[a] sphere of private people come together as a public . . . to engage [public authorities] in a debate over the general rules governing relations in the basically privatized but publicly relevant sphere of commodity exchange and social labor.” This was a space where individuals gathered to discuss with each other, and sometimes with public officials, matters of shared concern. The aim of these gatherings was not simply discourse; these gatherings …
Law Libraries And Laboratories: The Legacies Of Langdell And His Metaphor, Richard A. Danner
Law Libraries And Laboratories: The Legacies Of Langdell And His Metaphor, Richard A. Danner
Faculty Scholarship
Law Librarians and others have often referred to Harvard Law School Dean C.C. Langdell’s statements that the law library is the lawyer’s laboratory. Professor Danner examines the context of what Langdell through his other writings, the educational environment at Harvard in the late nineteenth century, and the changing perceptions of university libraries generally. He then considers how the “laboratory metaphor” has been applied by librarians and legal scholars during the twentieth century and into the twenty-first. The article closes with thoughts on Langdell’s legacy for law librarians and the usefulness of the laboratory metaphor.
Every Document Its Depository: Lessons Learned From An Intercampus Transfer, Jennifer L. Behrens
Every Document Its Depository: Lessons Learned From An Intercampus Transfer, Jennifer L. Behrens
Faculty Scholarship
No abstract provided.
More Than Decisions: Reviews Of American Law Reports In The Pre-West Era, Richard A. Danner
More Than Decisions: Reviews Of American Law Reports In The Pre-West Era, Richard A. Danner
Faculty Scholarship
In the early nineteenth century, both general literary periodicals and the first American legal journals often featured reviews of new volumes of U.S. Supreme Court and state court opinions, suggesting their importance not only to lawyers seeking the latest cases, but to members of the public. The reviews contributed to public discourse through comments on issues raised in the cases and the quality of the reporting, and were valued as forums for commentary on the law and its role in American society, particularly during debates on codification and the future of the common law in the 1820s. James Kent saw …
Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins
Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins
Faculty Scholarship
There has been considerable discussion in academic circles about the possibility of moving toward open educational materials—those which may be shared, copied and altered freely, without permission or fee. Legal education is particularly ripe for such a transition, as many of the source materials—including federal statutes and cases—are in the public domain. In this article, we discuss our experience producing an open casebook and statutory supplement on Intellectual Property Law, and answer many of the frequently asked questions about the project. Obviously, open coursebooks are less expensive and more convenient for students. But we found that they also offer pedagogical …
Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Faculty Scholarship
Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was …
Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus
Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus
Faculty Scholarship
Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.
Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner
Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner
Faculty Scholarship
Robert C. Berring has called West Publishing Company’s American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West’s digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring’s scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were …
Hawking Hyphens In Compound Modifiers, Joan Ames Magat
Hawking Hyphens In Compound Modifiers, Joan Ames Magat
Faculty Scholarship
The first principle of legal writing is surely its clarity — visible actors (unless the action matters more), uncluttered syntax, and, of course, logical structure. But the little things can matter to clarity, too — such as deliberate punctuation that signifies. In the language of law, in which compound nouns are rife, the reader can feel adrift as to where modifiers end and the noun begins. (Consider government-subsidized health flexible-spending arrangement without those hyphens.) Hyphens help. Whether an author cares to hyphenate the noun is his call; but hyphenating compound modifiers (also called phrasal adjectives, though they may include adverbs …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Faculty Scholarship
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …
Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma
Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma
Faculty Scholarship
The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.