Law Commons^™

Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro

All Faculty Scholarship

I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …

A New Bluebook, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.

Rothman, Hein, And Aall: A Short History Of A Long-Standing Publishing Relationship, April Schwartz

Scholarly Works

No abstract provided.

String Citations-Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

However, string citations can be useful in some situations. For example, you may wish to use a string citation if you need to illustrate that there is a trend of authorities or that more than one case or jurisdiction supports the proposition you urge. String citations also are helpful when readers expect a comprehensive treatment of authorities.

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Cornell Law Faculty Publications

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …

Sign Them Up, Neal Devins

Popular Media

No abstract provided.

String Citations-Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Whenever you list more than one authority to support the same legal proposition, you are using a "string citation." The name arises from the impression that the writer is "stringing" together several citations. In a string citation, each authority follows the next in a proscribed order: (1) by strength of authority (primary before secondary, enacted law before case law); (2) by jurisdiction (federal before state, alphabetically among states); (3) by rank of court (highest to lowest court); and (4) by date (reverse chronological with most recent first).' Semi-colons are placed between each authority.

“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …

Legal Citations For The Twenty-First Century, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

True, a judge probably won't rule against you if your cites are wrong, but faulty cites do reflect poorly on you.' First, like good manners, proper citations illustrate both your knowledge of the rules of etiquette for legal writing and your precision in following those rules. If your citations are sloppy, some readers may presume that your research and reasoning were done in a similarly uninformed and careless fashion.

Roadmapping And Legal Writing, Deborah Nicole Behles, Bradley G. Clary

Publications

No abstract provided.

Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky

Law Faculty Research Publications

No abstract provided.

Pesky Citations, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Constant citation to legal authorities presents a unique problem for legal writers. Although these authorities are necessary to the analysis, integrating them can interrupt the flow of the writing, or more significantly, can obscure the meaning. Law reviews have chosen to use footnotes to address this problem. But footnotes create their own form of vertical interruption,' and many courts discourage their use in briefs. This article addresses some of the difficulties created by these pesky citations and suggests some solutions for incorporating them more smoothly.

Mirror, Mirror On The Wall: A Vision For The Future, Claire M. Germain

UF Law Faculty Publications

The law library community has been talking about how to ensure permanent public access to primary legal information, both US (state and federal), as well as international and foreign legal information. Web Mirror Sites present a new way to disseminate and preserve digital legal information, and offer a security backup for issuing agencies, an increasingly important factor in the new cyberspace world prone to computer hacking.

Mirror, Mirror On The Wall: A Vision For The Future, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Shooting From The Lip: United States V. Dickerson, Role [Im]Morality, And The Ethics Of Legal Rhetoric, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

Journals Of The Century In Law, Christopher Byrne

Library Staff Publications

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.

Details, Details: Questions From Readers, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Readers frequently send me questions about word usage. The Bluebook states that one should consult the US. Government Printing Office Style Manual (1984) or The Chicago Manual of Style (13th rev. ed. 1982) for questions on usage, but these sources do not always address the confusion writers encounter. One of my favorite sources for quick answers on these questions is a dictionary-style reference called Legal Writing: Getting It Right and Getting It Written.

Bouvier's, Black's, And Tinkerbell, Mary Whisner

Librarians' Articles

A patron's complaint about the location of a dictionary leads Ms. Whisner to ponder the nature of cognitive authority and its impact on how we assess reference tools.

Keeping Up Is Hard To Do, Mary Whisner

Librarians' Articles

An article encouraging librarians to read newspapers to improve their reference service causes Ms. Whisner to think about the value of current awareness reading for law librarians. this leads to speculating about the proper use of the all-too-limited time available to today's busy librarian

On Asking For Help, Mary Whisner

Librarians' Articles

Women will ask for directions, but men won't. Whether that stereotype is true or not, it is certainly true that while some library patrons will ask for help, many others will not. Ms. Whisner suggests that there is a range of reasons for not asking and that librarians should keep these in mind when devising ways to assist their patrons.

Reference Librarians Do Not Work In Steel, Mary Whisner

Librarians' Articles

Reference librarians do not work in steel; when they leave work at the end of the day, there are no tangible structures to show what they have accomplished. Nonetheless, Ms. Whisner suggests, reference librarians make lasting contributions in the lives of their patrons-they do not need to work in steel to take pride in their work

Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky

Law Faculty Research Publications

No abstract provided.

Cultivating Our Emerging Voices: The Road To Scholarship, 20 B. C. Third World L. J. 77 (2000), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

Citation Frustrations--And Solutions, 30 Stetson L. Rev. 477 (2000), Darby Dickerson

UIC Law Open Access Faculty Scholarship

Working with citations is a fact of life on law journals. Because citation work is detail-oriented, requires great concentration, and is sometimes perceived as "drudge work,"' it often generates a high level of frustration among law review staff, editors, and authors.
This Article will address the primary frustrations suffered by each group and will propose solutions for alleviating those frustrations.

Print No More: U.S. Code, Code Of Federal Regulations, And The Federal Register, Timothy L. Coggins

Law Faculty Publications

If the United States Congress follows in the direction that it has been moving recently, the United States Code (2000 edition), the Code of Federal Regulations, the Federal Register, the official United States Reports, along with many other primary legal materials currently published and distributed to libraries through the Federal Depository Library Program (FDLP), will no longer be available in print for attorneys, librarians, legal assistants, and citizens. Congress has directed the Government Printing Office (GPO) to move toward electronic dissemination of materials and is reducing GPO’s funding so significantly that GPO soon may no longer publish these and other …

Censorship Of Student Internet Speech: The Effect Of Diminishing Student Rights, Fear Of The Internet And Columbine, David L. Hudson Jr.

Law Faculty Scholarship

Analysis and examination of the case law of student Internet website speech created off campus.

Playing On Words: Judge Richard A. Posner's Appellate Opinions, 1981-82--Ruminations On Sexy Judicial Opinion Style During An Extraordinary Rookie Season, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young

Scholarly Articles

Mr Young explores the history, format, and arrangement of the Command Papers. He provides a brief description of their availability in hard copy and electronic formats, and also describes the availability and use of various indexing tools for this series of parliamentary papers.

Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist

Faculty Articles

Law review editors often have a hard time adjusting to their new role of evaluating and critiquing the work of professors and established legal scholars, resulting in entire editorial boards missing fundamental problems in a particular article. The author provides a solution to this problem by recommending the adoption of two separate phases of editing - a substantive editing phase, which addresses what the article actually communicates, and a technical editing phase, which addresses the form the author uses to communicate. As examples for any law review to follow, the author provides two substantive edits of two different author submissions …

Beyond Communication: Writing As A Means Of Learning, Laurel Oates

Faculty Articles

In this article, Professor Oates examines the belief that writing facilitates learning from several perspectives. Part I describes the writing-to-learn movement, beginning with James N. Britton's and Janet Emig's assertions that writing is a unique method of learning and ending with John M. Ackerman's claim that writing is no better and, is sometimes worse, than other modes of learning. Building on the evidence described in Part I, Part II discusses writing to learn in light of four theories: behaviorism, Linda S. Flower and John Hayes's models of the composing process, Carl Bereiter and Marlene Scardamalia's models of knowledge telling and …