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Articles 1 - 30 of 135
Full-Text Articles in Law
Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West
Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West
Georgetown Law Faculty Publications and Other Works
Women’s entry into the legal academy in significant numbers—first as students, then as faculty—was a 1970s and 1980s phenomenon. During those decades, women in law schools struggled: first, for admission and inclusion as individual students on a formally equal footing with male students; then for parity in their numbers in classes and on faculties; and, eventually, for some measure of substantive equality across various parameters, including their performance and evaluation both in and in front of the classroom, as well as in the quality of their experiences as students and faculty members and in the benefits to be reaped from …
Navigating Scholarship Discovery, Research Impact, And Open Access, Carol A. Watson, Jean-Gabriel Bankier, Gregg Gordon
Navigating Scholarship Discovery, Research Impact, And Open Access, Carol A. Watson, Jean-Gabriel Bankier, Gregg Gordon
Presentations
The leadership teams of bepress and SSRN will present the findings of an integration pilot conducted in partnership with Columbia Law School’s Arthur W. Diamond Law Library, the University of Georgia School of Law’s Alexander Campbell King Law Library, and Southern Methodist University’s Cox School of Business. Expanding the reach of open access scholarship is central to the mission of both bepress and SSRN. However for many institutions, the separation of the two platforms had created barriers to faculty engagement and the building of successful open access initiatives. With both companies now part of the Elsevier portfolio, it seemed the …
One Judge's "Ten Tips For Effective Brief Writing" (Part Ii), Douglas E. Abrams
One Judge's "Ten Tips For Effective Brief Writing" (Part Ii), Douglas E. Abrams
Faculty Publications
Chief United States Bankruptcy Judge Terrence L. Michael (N.D.OKLA.) has written "Ten Tips for Effective Brief Writing" and posted them on the court's website. In the Journal's September-October issue, part 1 of this article began by discussing Tip #9 ("leave the venom at home"). That part proceeded to discuss Tips 1-4.
This final part discusses the remaining Tips. All 10 thoughtful Tips warrant careful consideration from advocates who prepare submissions for trial courts or appellate courts.
Getting Visual, Michael D. Murray
Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac
Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac
Faculty Publications
The Legal Research Survival Manual with Video Modules, by Robert Berring and Michael Levy, is an eighty-seven-page book written in a conversational, informal tone, packed with all the information new legal researchers need to survive their early days in the law library. The book's intended audience are novice legal researchers, in particular first-year law students. The authors have filled the pages with sage advice but left out material novices are not likely to encounter during the first year of law school. The authors, with the help of two additional experts, have added twelve online videos readers can access for expanded …
Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Playing To Their Passion: A Legal Research Course That Resonates With Law Students, Susan Drisko Zago
Playing To Their Passion: A Legal Research Course That Resonates With Law Students, Susan Drisko Zago
Law Faculty Scholarship
The first year of law school is chock-full of new experiences. Students can become overwhelmed in the face of so much change that they forget why they chose law school as a career path. They often lose sight of their end goal and need a touchstone to ground them back to their initial interests. Legal Research is the ideal first-year class to connect the acquisition of legal skills with interesting topics in a way that encourages students’ engagement in their present and future learning. By adding a student-selected subject context to their class, Legal Research instructors can incorporate contextualized learning …
The Draft Restatement (Third) Of Conflict Of Laws: A Response To Brilmayer & Listwa, Kermit Roosevelt Iii, Bethan R. Jones
The Draft Restatement (Third) Of Conflict Of Laws: A Response To Brilmayer & Listwa, Kermit Roosevelt Iii, Bethan R. Jones
All Faculty Scholarship
This Essay responds to Lea Brilmayer and Dan Listwa’s criticisms of the Draft Restatement (Third) of Conflict of Laws. We appreciate their engagement. As a general matter, we disagree about the nature and purpose of restatements. More specifically, we disagree about the history and aims of the Restatements of Conflict of Laws. Brilmayer and Listwa’s main criticism—that the drafters of the Restatement (Third) are not authoritatively interpreting any single state’s law and therefore can be only persuasive authority as to the content of a state’s law—could apply to all restatements. But since this Draft Restatement, like other …
Evaluating Shepard’S, Keycite, And Bcite For Case Validation Accuracy, Paul Hellyer
Evaluating Shepard’S, Keycite, And Bcite For Case Validation Accuracy, Paul Hellyer
Library Staff Publications
This study evaluates and compares how accurately three legal citators (Shepard’s, KeyCite, and BCite) identify negative treatment of case law, based on a review of 357 citing relationships that at least one citator labeled as negative. In this sample, Shepard’s and KeyCite missed or mislabeled about one-third of negative citing relationships, while BCite missed or mislabeled over two-thirds. The citators’ relative performance is less clear when examining the most serious citator errors, examples of which can be found in all three citators.
This Book Is Just My Type, Jennifer Babcock
This Book Is Just My Type, Jennifer Babcock
Publications
Jennifer Babcock reviews Typography for Lawyers by Matthew Butterick (2d ed., O'Connor's 2015), 240 pages.
The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May
The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May
Law Faculty Articles and Essays
I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Articles
When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language …
When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert
When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert
Articles
Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation’s most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant …
Are Universities Schools? The Case For Continuity In The Regulation Of Student Speech, Chad Flanders
Are Universities Schools? The Case For Continuity In The Regulation Of Student Speech, Chad Flanders
All Faculty Scholarship
Are universities schools? The question seems almost silly to ask: o f course universities are schools. They have teachers and students, like schools. They have grades, like schools. There are classes and extracurricular activities, also like schools. But recent writings on the issue of 04 free speech on campus" have raised the improbable specter that universities are less educational institutions than they are public forums like parks and sidewalks, where a free-wheeling exchange o f ideas and opinions takes place, unrestricted by any sense of academic mission or school disciplinc.1 Some of this rhetoric is of course exaggerated, and …
Civility Reboot: Can Lawyers Learn To Be Nicer To One Another, Heidi K. Brown
Civility Reboot: Can Lawyers Learn To Be Nicer To One Another, Heidi K. Brown
Articles & Chapters
No abstract provided.
A Structural Approach To Case Synthesis, Fact Application, And Persuasive Framing Of The Law, Lara Gelbwasser Freed, Joel Atlas
A Structural Approach To Case Synthesis, Fact Application, And Persuasive Framing Of The Law, Lara Gelbwasser Freed, Joel Atlas
Cornell Law Faculty Publications
Lawyering-skills courses, although typically writing-focused, address a wide array of topics. Indeed, to prepare an effective legal document, students must not only write well but analyze well. And, although teaching the pure-writing aspects of the course is certainly a challenge, teaching the analysis-related skills is often the most difficult.
Among the thorniest of these skills are synthesizing cases, applying facts, and persuasively framing the law. Professors struggle to teach these skills, and students consistently struggle to understand and implement them. To lighten the burden for both professors and students, we have approached these skills structurally and, in doing so, have …
Enough Said: A Proposal For Shortening Supreme Court Opinions, Meg Penrose
Enough Said: A Proposal For Shortening Supreme Court Opinions, Meg Penrose
Faculty Scholarship
The role of the judiciary, Chief Justice Marshall famously advised, is “to say what the law is.” Yet, how often do the justices issue a written opinion that ordinary Americans can understand? The Supreme Court increasingly issues lengthy and complex opinions, often containing multiple concurring and dissenting opinions. These opinions can be as confusing as they are verbose.
“To Say What the Law Is Succinctly: A Brief Proposal,” analyzes the justices’ legal writing. Are the justices effective in saying what the law is? Insufficient attention has been devoted to evaluating the justices’ writing and their efficacy at communicating the law. …
Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar
Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar
Faculty Scholarship
No abstract provided.
Law 'Reviews'? The Changing Roles Of Law Schools And The Publications They Sponsor, Leslie Francis
Law 'Reviews'? The Changing Roles Of Law Schools And The Publications They Sponsor, Leslie Francis
Utah Law Faculty Scholarship
The current structure of law reviews is deeply problematic. It does not serve students, law faculty, or legal scholarship very well. There is much to learn from the early development and changes in law reviews over the years to inform law schools as they reevaluate the role of their journals in the education they provide their students and in the lives of their faculty.
Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
One Judge's Ten Tips For Effective Brief Writing (Part I), Douglas E. Abrams
One Judge's Ten Tips For Effective Brief Writing (Part I), Douglas E. Abrams
Faculty Publications
In his years on the federal bankruptcy court bench, Judge Michael had read his share of briefs and other filings. Experience led him to write "Ten Tips for Effective Brief Writing," and to share them on the Court's website to guide counsel who appear before him. He directed the Gordon parties to Tip# 9, "Leave the Venom at Home." "Whether you like (or get along well with) your opposition," the Tip advises, "has little to do with the merits of a particular case. The most effective attack you can make is to persuade ... me that the other side is …
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Articles
No abstract provided.
The Rule Of Three, Patrick Barry
The Rule Of Three, Patrick Barry
Articles
Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …
Shot Selection, Patrick Barry
Shot Selection, Patrick Barry
Articles
One of the more common pieces of writing advice in our post-Hemingway world is to keep sentences short. Experts on legal writing are particularly fond of this Position — and for good reason. Few judges look at the sentences that appear in briefs, memos, statutes, and contracts and say, "You know what each of those could use? More words." Professor Noah Messing does a particularly good job making the case for short sentences. Brevity, he explains, "reduces the risk that your writing will confuse or irk readers," especially given that "empirical studies show that writing verbosely makes writers sound dumber …
Talented But Overlooked, Heidi K. Brown
Talented But Overlooked, Heidi K. Brown
Articles & Chapters
We should transform hiring and mentoring of introverted lawyers.
Show And Tell, Patrick Barry
Show And Tell, Patrick Barry
Articles
“Show don’t tell.” Teachers preach these words. Style guides endorse them. And you’d be hard pressed to find any editor or law firm partner who hasn’t offered them as feedback in the last year, month, week, maybe even day. There’s only one problem: “Show don’t tell” is bad advice. Or at least, it is incomplete advice.
Alliteration, Restraint, And A Mind At Work, Patrick Barry
Alliteration, Restraint, And A Mind At Work, Patrick Barry
Articles
Alliteration is great—until it’s not. You can pretty quickly overdo it, though I don’t think any major professional sports franchise has yet. The Boston Bruins, the Seattle Seahawks, the Cleveland Cavaliers: these names all have a nice ring to them. As do countless others, from the Washington Wizards to the Tennessee Titans to the Buffalo Bills. The sounds run quickly off your tongue and not unpleasantly into the air. They’re not irritating or obnoxious—unless maybe you’re a fan of the opposing team.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Law Faculty Scholarship
"Today's climate features hostility toward freedom of the press and negative attitudes toward journalists ... [T]here was a time when journalists were admired for their fearless pursuit of the truth and their exposure of corruption." This article provides an overview of the life and work of Ida B. Wells, particularly her work as a journalist and activist.
Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.