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Articles 361 - 390 of 395
Full-Text Articles in Law
Letters From Readers, K.K. Duvivier
Letters From Readers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This month’s column features remarks from readers concerning previous columns.
Misguided Metaphors, K.K. Duvivier
Misguided Metaphors, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Figures of speech, such as the metaphor of the season of spring that President Clinton used in his Inaugural Address, are commonplace in rehtoric. Similarly, such figures have their place in legal writing. Through judicious use of a metaphor, you can provide your readers with a pleasant interlude to the more mundane aspects of. your argument and transform an abstract concept into a powerful visual image.
South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell
South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …
Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Sturm College of Law: Faculty Scholarship
We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.
Road Maps, K.K. Duvivier
Road Maps, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
When you write, do your readers know your ultimate destination and how you will get there? Help them trek through your analysis by providing a road map.
Gender Neutral Ii, K.K. Duvivier
Gender Neutral Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Continuation of article above including discussions of personal pronouns, use of "they," and sex-neutral terms.
Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell
Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
No abstract provided.
Gender Neutral, K.K. Duvivier
Gender Neutral, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Regardless of your preference, you should be aware that the use of "he" as a universal gender pronoun now is controversial, and your reader probably will follow only one of two very divergent ideologies. Therefore, fall back on a primary rule of persuasive writing: avoid any words or structures that alienate your rader or distract from your message.
Procrastination, K.K. Duvivier
Procrastination, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Panic has set in. The deadline for your brief or memo is now measured in hours rather than days. You think, “Maybe the adrenaline will make me more efficient, but if only I had started earlier!” If you often or occasionally find yourself in this predicament, here are three suggestions to help you avoid it in the future.
Be Plain, K.K. Duvivier
Be Plain, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
You are pondering which word to use in a brief. Which should you sue—“supra,” “aforementioned” or “above”? Be cautious of Latin and archaic English words. If you use them, your argument, as well as your reputation may be placed at risk.
White Space, K.K. Duvivier
White Space, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Assist your reader by providing white space for breaks. Consider the readers' response when confronted with a solid page of print. The same page will be less formidable when broken into three or four paragraphs. Logical break points can always be found, even if the whole page deals with just one idea or subject. Offer your readers "footholds. . .[t]o clamber over the trying cliff-face of prose." Facilitate communication by using shorter sentences and paragraphs.
Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey
Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey
Sturm College of Law: Faculty Scholarship
Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …
Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Sturm College of Law: Faculty Scholarship
We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.
Judges’ Pet Peeves Ii, K.K. Duvivier
Judges’ Pet Peeves Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The last Scrivener (November issue at page 2257) focused on a leading complaint that four Denver District Court judges identified when I polled them last summer. Recently, I have discussed legal writing problems with a few justices of the Colorado Supreme Court and judges of the Colorado Court of Appeals. This column focuses on some of the concerns voiced by these judges.
Judges’ Pet Peeves I, K.K. Duvivier
Judges’ Pet Peeves I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Over the summer, I had an opportunity to poll four Denver District Court judges about problems they encounter in the writing attorneys submit to their courtrooms. This column addresses one of their leading complaints.
Getting Organized: Part Ii, K.K. Duvivier
Getting Organized: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In the July issue (at 1399), the Scrivener focused on the usefulness of the IRAC paradigm. This column will address some of the questions students and colleagues have asked about that paradigm and its applicability to large-scale organization in legal writing.
Getting Organized: Part I, K.K. Duvivier
Getting Organized: Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Good organization is fundamental to effective writing. No matter how brilliant your argument is, it may be misunderstood—or completely ignored—if its organization does not work. The argument becomes accessible to the reader through intelligent organization.
Bold Beginnings, K.K. Duvivier
Bold Beginnings, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
However, legal writing should start with a conclusion. The audience of a legal writer consists of critics and skeptics, whether they are partners, opposing counsel or judges. They have neither the time nor patience to try to decipher a writer's conclusion.
Slide Rules, Telegrams And Legal Writing, K.K. Duvivier
Slide Rules, Telegrams And Legal Writing, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Visual and vocal clues are natural forms of human communication. In most instances, the electronic media, which provide instant visual and vocal information, are more efficient and compelling tools for communication than the written word. It is little wonder that we have become a "video" society. With additional technological advancements in electronic communication media, the ability to write may be of little use to the average citizen of the twenty-first century.
The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz
The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz
Sturm College of Law: Faculty Scholarship
In Part I, this Note examines the effects of discrimination in the marketplace to suggest a connection between current racial disparities" and past "no-fault" discrimination. Part II demonstrates why race-neutral policies are likely to prove ineffective for reducing these disparities. Finally, Part III argues that competitive, race-conscious affirmative action is unlikely to create a "moral hazard" and that the burden placed on nonminorities by such a program is justifiable.
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.
Preventive Law And The Legal Autopsy: For Legal Profession As A Whole, It's A Learning And Research Tool, Robert M. Hardaway
Preventive Law And The Legal Autopsy: For Legal Profession As A Whole, It's A Learning And Research Tool, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The legal autopsy can be a careful learning and research tool, not only for the individual practitioner, but for the legal profession as a whole. A complete (or "horizontal") autopsy which includes an investigation of both sides of a case can be expensive and time-consuming to prepare. In many cases, practical consideration may dictate a more limited (or "vertical")-but also useful-autopsy investigating only one side of the case.
Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway
Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Drawing on both the expertise of professionals in the field and a grounding in law and public policy, this book examines the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion and operation of airports.
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Sturm College of Law: Faculty Scholarship
Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …
Insurance And The Limits Of Rational Discrimination, Martin J. Katz
Insurance And The Limits Of Rational Discrimination, Martin J. Katz
Sturm College of Law: Faculty Scholarship
As the state of the insurance industry indicates, policy makers and academics have reached little consensus about how to address the implications of rational discrimination. This Current Topic argues that rational discrimination should not be viewed simply as a question of profitability or financial interests, but must also be approached from a moral perspective. Part One examines the underlying cause of rational discrimination in one particular insurance market,' locating its ultimate source in the historical injustices perpetrated against Blacks. This section condemns rational discrimination for perpetuating and even exacerbating social inequalities. The analysis suggests that our society will not fully …
Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway
Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Rejected by all other civilized countries2 and held in contempt by much of the American public, the rule reached its zenith during the Warren Court, only to be chipped away a little at a time by the Burger Court. Indeed, if the rule is ever to die, it seems destined to go out with a whimper rather than a bang. . .
The Faa Buy-Sell Slot Rule: Airline Deregulation At The Crossroads, Robert M. Hardaway
The Faa Buy-Sell Slot Rule: Airline Deregulation At The Crossroads, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This article analyzes the economic and legal consequences of the FAA Buy-Sell Rule. As a background to this analysis, Part II briefly reviews the history and purposes of airline deregulation. Part III discusses airport access restrictions as a threat to free entry and, consequently, to airline deregulation. Parts IV and V review the economic and legal status of existing airport resources so that slot allocation may be viewed in the broader context of airport resources. (It will be shown, for example, that the Buy-Sell Rule fails to address entry at the most critical point of bottleneck, namely terminal space and …
1985 Civil Rule Amendments, Robert M. Hardaway
1985 Civil Rule Amendments, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Effective January 1, 1985, significant amendments were made to several of the Colorado Rules of Civil Procedure ("C.R.C.P."). The most important amendments were to C.R.C.P. Rules 59 (posttrial) motions) and 103 (garnishment).' However, there were also significant amendments to C.R.C.P. Rules 58 (entry of judgment), 52 (findings by the court), 50 (motion for directed verdict), and 6 (time), as well as Colorado Appellate Rules ("C.A.R.") Rule 4 (appeals).
Transportation Deregulation (1976-1984), Robert M. Hardaway
Transportation Deregulation (1976-1984), Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
It is the purpose of this article to explore the social, economic and legal consequences of deregulation during its phase of transition, with emphasis on the application of economic principles to hard data obtained from industry, labor and government sources.
Collateral Estoppel - A Colorado Primer, Robert M. Hardaway
Collateral Estoppel - A Colorado Primer, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Perhaps no legal doctrine has been the source of so much confusion and misunderstanding as collateral estoppel. This is unfortunate since issues involving collateral estoppel arise in a large number of cases, and when properly raised are often determinative of the entire case. For the practicing attorney, it is just as important to know how to defend against an adversary's use of collateral estoppel as it is to know when and how to raise this doctrine offensively.