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Full-Text Articles in Law

Oral Advocacy And Vocal Fry: The Unseemly, Sexist Side Of Nonverbal Persuasion, Michael J. Higdon Oct 2016

Oral Advocacy And Vocal Fry: The Unseemly, Sexist Side Of Nonverbal Persuasion, Michael J. Higdon

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In 2015, Naomi Wolf warned that "the most empowered generation of women ever — today’s twentysomethings in North America and Britain — is being hobbled in some important ways by something as basic as a new fashion in how they use their voices." She was referring to the phenomenon referred to as "vocal fry" — a speech quality in which the speaker lowers her natural pitch and produces a "creaking" sound as she talks. Naomi Wolf is not alone in her warnings; vocal fry has received quite a bit of negative attention recently. Specifically, these critics warn that those who …


Brands, Competition Law And Ip, Maurice Stucke Mar 2016

Brands, Competition Law And Ip, Maurice Stucke

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No abstract provided.


The Use Of Neuroscience Evidence In Criminal Proceedings, John B. Meixner Jr. Jan 2016

The Use Of Neuroscience Evidence In Criminal Proceedings, John B. Meixner Jr.

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While law and neuroscience has been an increasingly popular topic in academic discourse, until now, little systematic research had examined how neuroscience evidence has actually been used in court. Do courts actually admit and consider evidence of brain trauma that might indicate that an individual did not have the capacity to achieve the mental state required for conviction of particular crime? Do they use such evidence to consider the relative culpability for the crime in the event of conviction? Do they consider or understand brain scan data? For much of the life of this infant field, we have only been …


Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr. Jan 2016

Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.

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Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers’ access to evidence, violate the laws of probability, and limit the evidentiary concerns that may be considered on appeal. Regarding legal actors, informational deficits (particularly regarding scientific and statistical evidence) and cognitive biases of police investigators, witnesses (lay and expert), attorneys, judges, and jurors pose serious obstacles. We conclude by suggesting that research in judgment and …


Fresh Approaches To Teaching Transactional Drafting, Joan Macleod Heminway, Richard K. Neumann Jr., Katherine M. Koops Jan 2016

Fresh Approaches To Teaching Transactional Drafting, Joan Macleod Heminway, Richard K. Neumann Jr., Katherine M. Koops

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No abstract provided.


Employment Discrimination In The Legal Profession: A Question Of Ethics?, Alex B. Long Jan 2016

Employment Discrimination In The Legal Profession: A Question Of Ethics?, Alex B. Long

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In recent years, the ABA and local bar leaders have taken numerous steps to raise awareness about the need to increase diversity within the legal profession. In order to increase diversity, however, the legal profession must also seek to eliminate unlawful employment discrimination. In most workplaces, an employer’s main concern with respect to discrimination is the possibility of civil suit. However, in a surprising number of states, rules of professional conduct either explicitly prohibit employment discrimination on the part of lawyers or could be easily read to do so. This paper will examine the extent to which it is desirable …


Beyond The Metatheoretical: Implicit Bias In Law Review Article Selection, Michael J. Higdon Jan 2016

Beyond The Metatheoretical: Implicit Bias In Law Review Article Selection, Michael J. Higdon

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Every year, law review editors around the country are forced to select the authors, out of the hundreds who annually submit articles, to whom they will extend offers of publication. For law review editors, these are stressful times given 1) the short time frame they have for reading and assessing this ever growing number of submissions and 2) the fear that a poor selection on their part could potentially embarrass both themselves and their law schools. Although legal scholars sometimes forget about article selection from the perspective of the hurried, stressed law review editor, everyone in the academy should be …


Do Progressive Property Scholars Really Want To Limit Nollan And Dolan To Administrative Exactions, Gregory M. Stein Jan 2016

Do Progressive Property Scholars Really Want To Limit Nollan And Dolan To Administrative Exactions, Gregory M. Stein

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No abstract provided.


Tennessee Workers: Dying For A Job, Fran Ansley Jan 2016

Tennessee Workers: Dying For A Job, Fran Ansley

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No abstract provided.


Making Sense Of Mid-Term Modifications Of At-Will Employment Contracts, Alex B. Long Jan 2016

Making Sense Of Mid-Term Modifications Of At-Will Employment Contracts, Alex B. Long

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No abstract provided.


The Death Of An Llc: What's Trending In Llc Dissolution Law, Joan Macleod Heminway Jan 2016

The Death Of An Llc: What's Trending In Llc Dissolution Law, Joan Macleod Heminway

Scholarly Works

No abstract provided.