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Legal Writing and Research

2009

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Articles 1 - 30 of 163

Full-Text Articles in Law

Characteristics Of A Mature Legal Writing Program, E. Joan Blum Dec 2009

Characteristics Of A Mature Legal Writing Program, E. Joan Blum

E. Joan Blum

As a legal writing programs matures, a culture of collaboration can foster innovation and excellence more effectively than a director-led program.


Characteristics Of A Mature Legal Writing Program, Judith Tracy Dec 2009

Characteristics Of A Mature Legal Writing Program, Judith Tracy

Judith B. Tracy

No abstract provided.


Characteristics Of A Mature Legal Writing Program, Elisabeth Keller Dec 2009

Characteristics Of A Mature Legal Writing Program, Elisabeth Keller

Elisabeth Keller

As a legal writing program matures, a culture of collaboration can foster innovation and excellence more effectively than a director-led program.


Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis Nov 2009

Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis

Nicos Trimikliniotis

The visit of Elders in December 2009 is coinciding with a critical moment in the negotiation process, which is gradually entering into its final crucial phase. The two leaders appear determined to move forward with a settlement, despite the inherent difficulties; the Elders’ visit can assist the process by encouraging the leaders to show courage and boldness so as to press on with an agreement as soon as possible. Unlike in 2004, where both process and outcome were in the end delegitimized as ‘externally imposed’ and ‘not properly balanced’, this time the process is entirely owned and controlled by the …


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …


Aall Academic Law Library Special Interest Section’S Task Force On The Aba Standards Review, Gordon Russell Nov 2009

Aall Academic Law Library Special Interest Section’S Task Force On The Aba Standards Review, Gordon Russell

Gordon R. Russell

No abstract provided.


The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan Nov 2009

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …


Back Away From The Survey Monkey!, James M. Donovan Nov 2009

Back Away From The Survey Monkey!, James M. Donovan

James M. Donovan

In an environment of too many—and too many ill-designed—surveys, our twin aims should be to reduce the number of surveys overall and to improve the quality of those that do circulate. This burden falls on both those who distribute questionnaires—to make them as efficient as possible—and those answering—to decline to participate in any project that shows signs of unthoughtful design, thereby forcing surveyors to “up their game.” Good surveying, a difficult task in the best of circumstances, becomes even more complicated when pushed through the favored medium of the online discussion list (commonly called a listserv), a choice that can …


Free Speech Federalism, Adam Winkler Nov 2009

Free Speech Federalism, Adam Winkler

Michigan Law Review

For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …


The Elements Of Legal Style, Mark P. Painter Oct 2009

The Elements Of Legal Style, Mark P. Painter

The Journal of Appellate Practice and Process

No abstract provided.


Powerful Writing Techniques To Help You Persuade Judges And Win Clients, Gerald Lebovits Oct 2009

Powerful Writing Techniques To Help You Persuade Judges And Win Clients, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Law And Practice, William Rhee Oct 2009

Law And Practice, William Rhee

Law Faculty Scholarship

No abstract provided.


Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport Oct 2009

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

Scholarly Works

This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.


Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis Sep 2009

Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a staudy on racism in sport in Cyprus, part of the the RAXEN Network.

There is no comprehensive study, nor is there any systematic system of recording racist incidents and discriminatory practices in sport in Cyprus. To collect the necessary evidence for the purposes of this report the NFP relied on various secondary sources (books, media reports). Additionally, the report draws on interviews as well as extensive information gathering from the persons interviewed (see interview list). There is however some ‘concrete’ evidence in the form of specialised body reports and sanctions against particular clubs imposed by the tribunal …


Exceptions, Soft Borders And Free Movement For Workers, Nicos Trimikliniotis Sep 2009

Exceptions, Soft Borders And Free Movement For Workers, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter deals with issues of exceptions, soft borders and free movement for workers as illustrated in the Case of Cyprus. The chapter attempts to unravel some exceptional considerations aiming to restrict free movement for workers essentially on the grounds political and economic conditions that fall outside the edges of the law. The ECJ has repeatedly ruled that the scope of exceptions, derogations, issues relating to the territorial scope of treaties as well as various public policy and security considerations restricting free movement, are severely limited by the operation of the fundamental principles of the EU acquis. On the other …


Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson Jul 2009

Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson

Presentations

Presents the business case for creating an institutional repository (IR), including a comparison of the advantages and disadvantages with Social Science Research Network (SSRN); offers advice on obtaining faculty buy-in to the project in order to obtain content; reviews copyright right issues involved in depositing published materials into the repository; and suggests ways in which creating a repository can build relationships beyond the institution.


Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss Jul 2009

Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.


The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong Jul 2009

The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong

Faculty Publications

This article addresses a gap in the scholarly literature by comparing interpretive methodologies used by U.S. arbitrators to those used by international arbitrators to determine whether and to what extent U.S.-based class awards are enforceable outside the United States. Since many courts and arbitrators have claimed an analogy between consolidated and class arbitration, the article also considers whether such an analogy is appropriate as a matter of law and policy to identify whether the traditional disinclination to order consolidation can or should be extended to class proceedings. This second portion of the article is applicable to both domestic class arbitrations …


From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson Jul 2009

From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson

Scholarly Works

This Article is intended to serve as a roadmap for law professors and law review editors alike in their efforts to find a better way for students to evaluate articles. Further, this Article aims to offer low-cost ways to improve the institution of student-run law reviews by strengthening editors' evaluation skills and processes. This Article is divided into three main parts. Part II of this Article, Manifestations of Systemic Bias, develops a theory of the safe-dissent continuum and employs this theory to determine whether there is empirical support for claims of bias in article evaluation and the legal discourse. Part …


Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey Jun 2009

Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey

Subhajit Basu

Many older people are not aware where and when advice is available. Furthermore they may be unaware that advice is needed


Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen Jun 2009

Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2009

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"


Public Service: Office Of Overseas Prosecutorial Development, E. Joan Blum May 2009

Public Service: Office Of Overseas Prosecutorial Development, E. Joan Blum

E. Joan Blum

No abstract provided.


O Que É Uma Universidade?, Paulo Ferreira Da Cunha May 2009

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …


Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson May 2009

Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson

Electronic Theses and Dissertations

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.

The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.

Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun …


Find It Fast And Free: An Update On Florida And Federal Research On The Internet, Patricia Morgan Apr 2009

Find It Fast And Free: An Update On Florida And Federal Research On The Internet, Patricia Morgan

UF Law Faculty Publications

No abstract provided.


Digital Ethics In Bridging Digital Divide, Subhajit Basu Apr 2009

Digital Ethics In Bridging Digital Divide, Subhajit Basu

Subhajit Basu

Our information society is creating parallel systems: one for those with income, education and literacy connections, giving plentiful information at low cost and high speed: the other are those without connections, blocked by high barriers of time, cost and uncertainty and dependent upon outdated information. Hence it can be expressed the DD is nothing but a reflection of social divide. The question is what is the best strategy to construct an information society that is ethically sound? Most people have the views that ICT and underlying ideologies are neutral. This Technology has become so much naturalized that it can no …


Southeastern Association Of Law Libraries Annual Meeting, University Of Georgia Alexander Campbell King Law Library, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman Apr 2009

Southeastern Association Of Law Libraries Annual Meeting, University Of Georgia Alexander Campbell King Law Library, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman

Conferences and Symposia to 2010

The 2009 SEAALL Annual Meeting was held in Athens Georgia, April 16-18, 2009.


Good Call, County Attorney Gaertner; Your Turn, Legislature, C. Peter Erlinder Apr 2009

Good Call, County Attorney Gaertner; Your Turn, Legislature, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson Apr 2009

Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.