Law Commons^™

E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.

The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray

Law Faculty Scholarly Articles

The Great Recession of 2008 and onward has drawn attention to the American economic and financial system and has cast a critical spotlight on the theories, policies, and assumptions of the modern, neoclassical school of law and economics-often labeled the "Chicago School"-because this school of legal economic thought has had great influence on the American economy and financial system. The Chicago School's positions on deregulation and the limitation or elimination of oversight and government restraints on stock markets, derivative markets, and other financial practices are the result of decades of neoclassical economic assumptions regarding the efficiency of unregulated markets, the …

Give Outlines Another Chance, Melissa N. Henke

Law Faculty Popular Media

Much has been written on the benefits of outlining for legal writing specifically and for other professional writing more generally. This commentary provides some of the more common benefits of outlining a legal document.

Will An Institutional Repository Hurt My Ssrn Ranking?: Calming The Faculty Fear, James M. Donovan, Carol A. Watson

James M. Donovan

Librarians have every reason to support the creation of an institutional digital repository (IR). An IR preserves the output of the intellectual life of the school, enables anyone with internet access to enjoy the benefits of the new knowledge, and promotes the institution and scholar by bringing to the foreground their intellectual achievements.

Plans for a new IR project within the law school, however, can quickly find such worthy motives swept aside as faculty members invariably voice some version of the following comments: “Won’t posting my articles elsewhere steal downloads away from SSRN? That would lower my rankings in SSRN …

Will An Institutional Repository Hurt My Ssrn Ranking? Calming The Faculty Fear, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

Faculty members should not view the institutional repository as a drain on their SSRN rankings. While SSRN excels at delivering their work to the cadre of legal specialists, IRs typically do a better job of presenting it to a broader readership. This expanded exposure should be judged a

positive benefit of participation in the IR, helping to mitigate criticisms of law faculty as sequestered, insular, and writing only for themselves. Anyone interested in giving their ideas the widest possible hearing should deposit their intellectual work in as many venues as possible. For law professors, this means they should have both …

Tenure And The Law Library Director, James M. Donovan, Kevin B. Shelton

Law Faculty Scholarly Articles

This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director.

Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school. The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude that …

After The Great Recession: Law And Economics' Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray

Law Faculty Scholarly Articles

In the work, The Great Recession and the Rhetorical Canons of Law and Economics,' the Author examined the role of law and economics in the Great Recession of 2008 and onward by examining neoclassical and contemporary law and economics from the perspective of legal rhetoric. The modern, neoclassical school of law and economics-often labeled the "Chicago School"-has had great influence on the American economy and financial system because of its rhetorical canons: mathematical and scientific methods of analysis and demonstration; the characterization of legal phenomena as incentives and costs; the rhetorical economic concept of efficiency; and rational choice theory as …

For The Love Of Parentheticals: The Story Of Parenthetical Usage In Synthesis, Rhetoric, Economics, And Narrative Reasoning, Michael D. Murray

Law Faculty Scholarly Articles

What follows is a substantive discussion of the reasons why parentheticals are rhetorically advantageous-in other words, why they are so beloved and often employed in appellate briefs and cases. I will examine the use of parentheticals in citation forms, synthesis, rhetoric, economics, and narrative reasoning in an effort to trace the attraction.