Law Commons^™

The Emergence And Influence Of Transactional Practice Within Clinical Scholarship, Paul R. Tremblay

Paul R. Tremblay

This essay, in honor of the twenty-fifth anniversary of the founding of the Clinical Law Review, reflects on the gradual emergence, and the limited influence, of transactional practice within clinical scholarship as reflected by writing in the Clinical Law Review since 1994. The essay offers three observations. First, a review of the fifty or so published issues of the journal demonstrates that writing about transactional practice has increased demonstrably between 1994 and 2019. Second, that development notwithstanding, it appears that when writers, even in recent years, write about lawyering in some generalizable fashion, the examples that appear in those works …

Sign Them Up, Neal Devins

Neal E. Devins

No abstract provided.

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Book Review Of In The Opinion Of The Court, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.

Medicare And Medicaid: Getting Your Grounding And Staying Up To Date, Frederick W. Dingledy

Frederick W. Dingledy

No abstract provided.

Bluebook, Citations, And All That Jazz, Frederick W. Dingledy

Frederick W. Dingledy

No abstract provided.

Journals Of The Century In Law, Christopher Byrne

Christopher Byrne

In this essay I will humbly add my contribution to this vast literature by ranking the twentieth century's best law journals. I am not treading upon virgin ground. Over the past twenty years a number of scholars have ranked law reviews and journals using a variety of methodologies.

A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers

Leslie A. Street

No abstract provided.

Separating Amicus Wheat From Chaff, Aaron-Andrew P. Bruhl, Adam Feldman

Aaron-Andrew P. Bruhl

No abstract provided.

Georgia And State Research Resources, Pamela C. Brannon

Pamela Brannon

Shares a variety of websites for gathering the state of Georgia and other state information from for legal research.

The Trouble With Amicus Facts, Allison Orr Larsen

Allison Orr Larsen

The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …

Securities Law Research, Adeen Postar

Adeen Postar

This research guide provides an overview of resources and search strategies for researching Securities Law: primary and secondary materials, specialized databases, and government websites. It also identifies sources for researching case law.

Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay

Adeen Postar

This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

Adeen Postar

No abstract provided.

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Erwin Chemerinsky

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …

Blogs And The Legal Academy, Orin S. Kerr

Orin Kerr

This paper's focus is on today’s technology and ask whether blogs as we know them today are conducive to advancing scholarship. This paper's conclusion is that relative to other forms of communication, blogs do not provide a particularly good platform for advancing serious legal scholarship. The blog format focuses reader attention on recent thoughts rather than deep ones. The tyranny of reverse chronological order limits the scholarly usefulness of blogs by leading the reader to the latest instead of the best.

This doesn’t mean that blogs can’t advance scholarship. The impact of any blog depends on what its author decides …

Fake News, Post-Truth & Information Literacy, Carol A. Watson, Caroline Osborne, Kristina L. Niedringhaus

Caroline L. Osborne

What is fake news? How did it arise? Why does recognizing fake news matter? How do we create information literate consumers in the legal community? This program will discuss the intersection of fake news and information literacy theory. We’ll provide an overview of the rise and proliferation of fake news including highlights of historical instances; a discussion of the impact of failing to detect fake news; and strategies for creating successful information literacy programming.

Non-English Materials For The English Speaker : European Languages, Erin Gow

Erin Gow

So many legal materials are in languages other than English worldwide, that it is inevitable that most of us will need to find or access one of these documents at some point. Foreign, comparative, and international law (FCIL) librarians often work with materials in languages in which they are not fluent, and can provide useful ideas and insight for the non-FCIL specialist faced with this type of research. This portion of a 2019 AALL webinar titled "Non-English Materials for the English Speaker" focuses on European languages, and provides practical guidance in finding English translations of European laws, tips and techniques …

Using Technology To Teach The Flipped Classroom: A Presentation Of Various Tools, Techniques, And Tips, Duane R. Donahoe, Jessica Wherry, Shakira Pleasant, Kristen Murray

Shakira D. Pleasant

No abstract provided.

Dapp Legal Research Presentation 5-24-2019 Final.Pptx, Anne Hudson, Heather Hummons

Anne Hudson

Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz

Rena C. Seplowitz

No abstract provided.

Teaching Students To Use Feedback To Improve Their Legal-Writing Skills, Lara Gelbwasser Freed, Joel Atlas

Joel Atlas

In an age in which writing-software programs tout formative feedback on student papers and advertise clear and compelling sentences, the roles of professor and student in the assessment and outcome-achievement process may appear passive, or even supplanted. Using feedback to improve learning, however, requires both professor and student to play active roles. In legal education, law professors are tasked with identifying and assessing learning outcomes. And much has been written about these tasks as they relate to both doctrinal and legal-writing courses. But less attention has been devoted to law students’ role in responding to feedback on their writing and …

Beyond The “Practice Ready” Buzz: Sifting Through The Disruption Of The Legal Industry To Divine The Skills Needed By New Attorneys, Jason G. Dykstra

Jason Dykstra

A heightened velocity of change enveloped the legal profession over the last two decades. From big law to rural practitioners, the traditional law firm model proved ripe for disruption. This disruption is fueled by several discrete changes in how legal services are provided, including technological advances that allow for the automation of many routine tasks and the disaggregation of legal services; enhanced client sophistication and cost-consciousness; global competition from offshoring routine legal services; the rise of the domestic gig economy, creating a new wave of home-shoring legal services; and competition from non-traditional legal services providers. In the face of declining …

This Is Your Brain On Research: Cognitive Theory And Assignment Construction, Jennifer R. Mart-Rice, Franklin Runge, Alyson Drake

Jennifer Mart-Rice

Topic Modeling The President: Conventional And Computational Methods, J.B. Ruhl, John Nay, Jonathan Gilligan

J.B. Ruhl

Legal and policy scholars modeling direct actions into substantive topic classifications thus far have not employed computational methods. To compare the results of their conventional modeling methods with the computational method, we generated computational topic models of all direct actions over time periods other scholars have studied using conventional methods, and did the same for a case study of environmental-policy direct actions. Our computational model of all direct actions closely matched one of the two comprehensive empirical models developed using conventional methods. By contrast, our environmental-case-study model differed markedly from the only empirical topic model of environmental-policy direct actions using …

Six Ways To Find Cases, Lee A. Ryan

Lee A. Ryan

Designing And Implementing Research Competency, Theresa K. Tarves, Anupama Pal, Nicole Downing

Theresa Tarves

Legal Citation Part Ii: Tips & Tricks To Avoid Common Errors, Tenielle Fordyce-Ruff, Jason G. Dykstra

Jason Dykstra

This article goes over quick and easy tips to help one avoid the most common citation typeface and abbreviation errors often seen in practitioner filings.

Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Tenielle Fordyce-Ruff, Jason G. Dykstra

Jason Dykstra

Remember, at our core, attorneys are advocates, and one of the purposes of citation is to prove to the reader that she can trust one's research-to prove that the law is what one states it is and that it works the way one stated it does.

In addition to understanding the language of citation and using the correct form, citation can also increase the level of trust one's reader will have in one's positions in two ways: signals and explanatory parentheticals.