Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Writing and Research

2021

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 171

Full-Text Articles in Law

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw Dec 2021

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …


Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2021

Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Lawyering 'Twisties': Naming And Untangling Performance Anxiety, Heidi K. Brown Dec 2021

Lawyering 'Twisties': Naming And Untangling Performance Anxiety, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Researching Administrative Law, Keith Lacy Dec 2021

Researching Administrative Law, Keith Lacy

Law Librarian Scholarship

Administrative law is a broad subject area concerning the laws and procedures governing administrative agencies. It also encompasses the substantive law produced by those agencies — most commonly in the form of regulations (rules) or agency decisions. This article highlights a few major resources for researching administrative law in the United States.


Arkansas Practice Materials: A Selective Annotated Bibliography, Jessie Wallace Burchfield, Melissa Serfass Nov 2021

Arkansas Practice Materials: A Selective Annotated Bibliography, Jessie Wallace Burchfield, Melissa Serfass

Faculty Scholarship

Whether you are a legal professional or a novice legal researcher, this annotated bibliography of Arkansas practice materials provides current and relevant state-specific information about available resources. The bibliography integrates online and print resources, grouped by topic rather than format. Each source is annotated with helpful information.

Detailed information about primary legal materials such as court cases, statutes and administrative regulations is included. Information about secondary sources such as treatises, practice manuals, forms, and websites, is also covered.

It is organized in five main sections: Primary Materials, Government Resources, State Specific Resources, General Jurisprudence, and Practice Materials by Topic.


2020-2021 Annual Report, Caroline L. Osborne Nov 2021

2020-2021 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.


The Dream Of Property Professors, Ezra Rosser Nov 2021

The Dream Of Property Professors, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Michael Heller and James Salzman's new book, Mine! How the Hidden Rules of Ownership Control Our Lives, is a dream come true for property professors.

I suspect that many of us have moments when we think to ourselves, "wow, this stuff is really interesting," imagining that property law could somehow be of general interest. Too often that dream is killed when the eyes of non-lawyers, including family members, start to glaze over when they hear words like rule against perpetuities or trademark. Heller and Salzman have succeeded in making the stories property professors tell the stuff of a bestseller. They …


Dare To Dream: How Would You Teach 1ls Legal Research With No Restrictions?, Olivia R. Smith Schlinck Nov 2021

Dare To Dream: How Would You Teach 1ls Legal Research With No Restrictions?, Olivia R. Smith Schlinck

Library Staff Online Publications

When I started in my current role as an instructional librarian, I was given space to make the changes I thought necessary to improve an already-changing legal research program. I’ve made changes – some small, some more major – in both the 1L and upper-level research curriculum, but there is more to do. In particular, I’m not entirely satisfied with how we teach legal research to 1Ls.


Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law Nov 2021

Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein Nov 2021

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …


"Yogi-Isms" In The Courts, Douglas E. Abrams Nov 2021

"Yogi-Isms" In The Courts, Douglas E. Abrams

Faculty Publications

The versatility of Lawrence Peter (Yogi) Berra, a native of St. Louis,5 appears unparalleled in the annals of professional sports. His stellar on-the-field performance earned him election to the Hall of Fame in 1972, and his vast collection of off-the-field sayings earned him a secure place in American folklore. Some Yogi-isms are cited and quoted in federal and state judicial opinions. Topping the judicial ledger is “It’s déjà vu all over again,” which appears in Shurtleff and a few dozen other decisions.


Editing And Interleaving, Patrick Barry Nov 2021

Editing And Interleaving, Patrick Barry

Articles

This essay suggests that a powerful learning strategy called "interleaving"--which involves strategically switching between cognitive tasks--is being underused. It can do more than make study sessions more productive; it can also make editing sessions more productive.


A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert Nov 2021

A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert

Law Faculty Scholarship

Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …


Tribute To Professor Bonita K. Roberts, David A. Schlueter Oct 2021

Tribute To Professor Bonita K. Roberts, David A. Schlueter

St. Mary's Law Journal

A tribute to St. Mary's University School of Law Professor Bonita K. Roberts.


Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather Oct 2021

Professor Bonita K. Roberts—A Colleague And A “Conscience”, Victoria Mather

St. Mary's Law Journal

A tribute to Bonita K. Roberts, a professor at St. Mary's University School of Law.


In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey Oct 2021

In Honor Of Professor Bonita K. Roberts, Linda L. Schlueter, Faye M. Bracey

St. Mary's Law Journal

A tribute to Professor Bonita K. Roberts of St. Mary's University School of Law.


Total Scholarly Impact: Law Professor Citations In Non-Law Journals, J. B. Ruhl, Michael P. Vandenbergh, Sarah E. Dunaway Oct 2021

Total Scholarly Impact: Law Professor Citations In Non-Law Journals, J. B. Ruhl, Michael P. Vandenbergh, Sarah E. Dunaway

Journal of Legal Education

No abstract provided.


Book Review Of The Legal Scholar’S Guidebook, Jamie R. Abrams Oct 2021

Book Review Of The Legal Scholar’S Guidebook, Jamie R. Abrams

Journal of Legal Education

No abstract provided.


Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale Oct 2021

Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale

Duke Law Journal Online

No abstract provided.


Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms. Oct 2021

Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only provide news of the day updates, humor, and support for those in need but also is replete with ethical landmines for the unwary lawyer. Lawyers commenting on current events, their cases, or responding to a client’s negative online review, have suffered damage to their careers. In some instances, they have even …


The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman Oct 2021

The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman

Faculty Scholarship

No abstract provided.


Debunking The Efficacy Of Standard Contract Boilerplate: Part Iii, David Spratt Oct 2021

Debunking The Efficacy Of Standard Contract Boilerplate: Part Iii, David Spratt

Articles in Law Reviews & Other Academic Journals

There are several things wrong with this paragraph. First, the heading "Knowledge of Residence" is underinclusive, as the paragraph concerns more than where each party lives. A more inclusive and effective heading would be "Knowledge of Contact Information." Second, the introductory phrase is ambiguous, as one could read "for so long as the minor children are less than eighteen years of age" as requiring the parties to exchange information only until one of the parties' children turns 18. Moreover, "eighteen years of age" is archaic and clunky legalese. Keep it simple, solicitors: "eighteen" or "age eighteen" would suffice. Applying these …


Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad Oct 2021

Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad

Dickinson Law Review (2017-Present)

One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …


Osha’S Comprehensive Failure To Protect Workers During The Covid-19 Pandemic, Nancy M. Modesitt Oct 2021

Osha’S Comprehensive Failure To Protect Workers During The Covid-19 Pandemic, Nancy M. Modesitt

Dickinson Law Review (2017-Present)

Under the Trump Administration, the Occupational Safety and Health Administration (“OSHA”), failed to protect workers from COVID-19, which has led to deadly workplace outbreaks of the virus. OSHA’s failures began when it refused to produce legally-binding rules, known as emergency temporary standards, that would mandate the most basic step of requiring masks in the workplace to protect workers from the risks of infection on the job. In addition, while OSHA did produce non-binding guidance for employers, that guidance was unclear and fundamentally deficient in failing to require masks in all workplaces and failing to require recordkeeping that would identify potential …


Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder Oct 2021

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review (2017-Present)

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …


Dedication Oct 2021

Dedication

Dickinson Law Review (2017-Present)

No abstract provided.


Promoting Competition: Klobuchar’S Call To Rethink The Antitrust Law Paradox, Katherine C. Pearson Oct 2021

Promoting Competition: Klobuchar’S Call To Rethink The Antitrust Law Paradox, Katherine C. Pearson

Dickinson Law Review (2017-Present)

In her world of research on elder care, Dickinson Law Professor Katherine C. Person has a growing concern about concentration of power in the related markets of housing, long-term care, and health care for seniors. The trend impacts price, quality, choice, and access to care for struggling U.S. families and therefore she chose to review an important new book, Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age, in which Senator Amy Klobuchar advocates for a new age of “pro-competition” policies.


A Framework For Creative Problem- Solving: The Color Of Law: A Forgotten History Of How Our Government Segregated America, Megan Riesmeyer Oct 2021

A Framework For Creative Problem- Solving: The Color Of Law: A Forgotten History Of How Our Government Segregated America, Megan Riesmeyer

Dickinson Law Review (2017-Present)

The last few years have led the United States to a national recognition of race and racism that has not been seen in this country for nearly 50 years. Law schools, as part of higher educational institutions around the country, are recognizing not only their potential contribution to the racist society in which we live, but, importantly, the role they can play in addressing and overcoming such racism and its effects. The Color of Law, A Forgotten History of How Our Government Segregated America provides an important framework for understanding and action to become problem-solvers and teach problem-solving.


Removing Roadblocks: Alternatives To Lawful Status And Social Security Number Requirements For Pennsylvania Driver’S Licenses, Miranda Sasinovic Oct 2021

Removing Roadblocks: Alternatives To Lawful Status And Social Security Number Requirements For Pennsylvania Driver’S Licenses, Miranda Sasinovic

Dickinson Law Review (2017-Present)

As part of their traditional state police powers, states determine the eligibility requirements for their driver’s licenses. Standard eligibility requirements include proof of age, residency, identity, and knowledge. In the 1990s, some states amended their vehicle codes to require proof of lawful status, effectively barring undocumented immigrants from obtaining driver’s licenses.

In response to inconsistent issuance and verification standards, Congress passed the REAL ID Act of 2005. The Act prohibits federal agencies from accepting state driver’s licenses for official purposes unless states comply with minimum issuance and verification standards. These standards include requirements to verify Social Security numbers and lawful …


Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger Oct 2021

Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger

Dickinson Law Review (2017-Present)

Despite decades of attempts to eradicate the industry, child sex trafficking continues to flourish. Arguably, there is debate about whether adults willingly choose sex work, yet there are no arguments supporting the notion that children make any such choice. When children are bought and sold for sexual purposes, it is child sex trafficking.

Academic legal research has focused comprehensively on the identification of child victims and the prosecution of child traffickers, yet there has not been as salient a focus on reducing the market of buyers of trafficked children. It is the reduction of demand where theories of re-norming and …