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Journal

Legal Writing and Research

2018

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Articles 1 - 30 of 113

Full-Text Articles in Law

Shot Selection, Patrick J. Barry Oct 2018

Shot Selection, Patrick J. Barry

The Journal of Appellate Practice and Process

No abstract provided.


The Art Of The Effective Reply, Peter M. Mansfield Oct 2018

The Art Of The Effective Reply, Peter M. Mansfield

The Journal of Appellate Practice and Process

No abstract provided.


The Indelible Mark Of Plagiarism: Why Is It So Difficult To Make It Stop?, Brenda D. Gibson Oct 2018

The Indelible Mark Of Plagiarism: Why Is It So Difficult To Make It Stop?, Brenda D. Gibson

University of Arkansas at Little Rock Law Review

No abstract provided.


Generation Z Goes To Law School: Teaching And Reaching Law Students In The Post-Millennial Generation, Laura P. Graham Oct 2018

Generation Z Goes To Law School: Teaching And Reaching Law Students In The Post-Millennial Generation, Laura P. Graham

University of Arkansas at Little Rock Law Review

No abstract provided.


The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky Oct 2018

The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky

Dickinson Law Review (2017-Present)

The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.

The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly …


Front Matter Oct 2018

Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.


Visibly (Un)Just: The Optics Of Grand Jury Secrecy And Police Violence, Nicole Smith Futrell Oct 2018

Visibly (Un)Just: The Optics Of Grand Jury Secrecy And Police Violence, Nicole Smith Futrell

Dickinson Law Review (2017-Present)

Police violence has become more visible to the public through racial justice activism and social justice advocates’ use of technology. Yet, the heightened visibility of policing has had limited impact on transparency and accountability in the legal process, particularly when a grand jury is empaneled to determine whether to issue an indictment in a case of police violence. When a grand jury decides not to indict, the requirement of grand jury secrecy prevents public disclosure of the testimony, witnesses, and evidence presented to the grand jury. Grand jury secrecy leaves those who have seen and experienced the act of police …


Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam Oct 2018

Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam

Dickinson Law Review (2017-Present)

President Trump’s currently litigated “transgender ban,” which excludes transgender persons from military service, is premised in part upon a claim that transgender persons’ presence in the military adversely affects “unit cohesion.” This use of identity- based “unit cohesion” as a justification for excluding a group from military service is the latest episode in a long history of the government asserting “unit cohesion” to justify excluding people from military service based on their identities. This Article contends that unit cohesion, when premised on identity, is always an impermissible justification for exclusion from military service because it is unconstitutional animus. Though …


The Need To Revisit Legal Education In An Era Of Increased Diagnoses Of Attention-Deficit/Hyperactivity And Autism Spectrum Disorders, Heidi E. Ramos-Zimmerman Oct 2018

The Need To Revisit Legal Education In An Era Of Increased Diagnoses Of Attention-Deficit/Hyperactivity And Autism Spectrum Disorders, Heidi E. Ramos-Zimmerman

Dickinson Law Review (2017-Present)

The ever-fluctuating rhetoric from experts, in the field of neurodevelopmental disorders, has led to outdated notions and perplexity surrounding attention deficit/hyperactivity disorder (ADHD) and autism spectrum disorders (ASD). This Article tries to clarify some of the confusion. Better understanding of these disorders is imperative for today’s law professor, since law schools are likely admitting more students diagnosed with ADHD and ASD. This Article discusses the need for change in legal instruction and explores the link between the two disorders. An examination of recent history illuminates some of the commonly held misunderstandings and highlights the disparity in the diagnoses of ADHD …


The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips Oct 2018

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips

Dickinson Law Review (2017-Present)

Despite global condemnation, sex trafficking continues to plague our world. Even in developed countries, the problem persists. Technological advancements, like the Internet, have spurred the development of organized sex trafficking networks and have made “transactions” easier. Although law enforcement agencies have tried to adapt their investigative techniques to combat the problem, developments in technology move at a much quicker rate.

Autonomous vehicles (AVs) will present a new set of challenges for law enforcement agencies in the fight against sex trafficking. In the not-too-distant future, AVs, or “self-driving cars,” will dominate the roadways. An AV will be completely aware of the …


Coinsensus: The Need For Uniform National Virtual Currency Regulations, Anisha Reddy Oct 2018

Coinsensus: The Need For Uniform National Virtual Currency Regulations, Anisha Reddy

Dickinson Law Review (2017-Present)

Google search volume for bitcoin and bitcoin-related keywords increased by as much as 1000 percent in 2017 from previous years. This increased interest comes hand-in-hand with increased regulatory and legislative scrutiny. Currently, there is disparate regulation for virtual currencies across national and state borders alike. States’ promulgation of various and incongruous virtual currency regulations have forced service providers to withdraw from different states within the country. However, transactions are not contained within state lines, and disparate state-by-state regulation is impracticable.

The Uniform Law Commission recognized the need for uniform guidance for those entering the North American market and drafted the …


Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom Oct 2018

Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom

Dickinson Law Review (2017-Present)

Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.

To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work aligns …


General Legal Thesaurus – Grounds For The Monosemantic Terms, G. Gulyamova Sep 2018

General Legal Thesaurus – Grounds For The Monosemantic Terms, G. Gulyamova

Review of law sciences

This article discusses the legal vocabulary, terminology and its actual problems, legal dictionaries, some shortcomings in the field of translation, as well as general legal thesaurus in law.


General Legal Thesaurus – Grounds For The Monosemantic Terms, G. Gulyamova Sep 2018

General Legal Thesaurus – Grounds For The Monosemantic Terms, G. Gulyamova

Review of law sciences

This article discusses the legal vocabulary, terminology and its actual problems, legal dictionaries, some shortcomings in the field of translation, as well as general legal thesaurus in law.


Table Of Contents And Masthead, Cameron Fraser Sep 2018

Table Of Contents And Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


Supreme Verbosity: The Roberts Court's Expanding Legacy Sep 2018

Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …


Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson Jun 2018

Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson

St. John's Law Review

(Excerpt)

This Article posits that narrative theory can assist the transactional lawyer in walking this tightrope effectively and ethically.

Specifically, this Article proceeds to show that the use of narrative techniques, specifically those proposed by Walter Fisher, can assist transactional lawyers: (1) in understanding their clients’ goals more fully; (2) in more effectively advancing their clients’ goals through persuasion; and (3) in creating complete, holistic documents to govern the proposed deal. As such, the appropriate use of narrative techniques and understanding of narrative theory can enhance the skills of transactional lawyers, and improve client outcomes.

This Article proceeds in three …


De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman Jun 2018

De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman

Seattle University Law Review

Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few …


Table Of Contents And Masthead, Cameron Fraser May 2018

Table Of Contents And Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.


Better Briefs, Lydia Fearing May 2018

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins May 2018

“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins

Maryland Law Review

The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts—including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting. Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.” Still today, critics maintain that the construct and/or is inherently ambiguous and should be avoided …


Legal Corpus Linguistics: Gambling To Gaming Language Powers And Probabilities, Kezziah Dale May 2018

Legal Corpus Linguistics: Gambling To Gaming Language Powers And Probabilities, Kezziah Dale

UNLV Gaming Law Journal

No abstract provided.


You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe May 2018

You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe

University of Richmond Law Review

I will open with a confession: I have very, very little to contribute to legal scholarship. My day-to-day work as a lawyer and a parent keeps me busy. My career to date as a generalist has not led me to develop any great substantive expertise in a particular area of the law. Even my war stories are boring because they cluster around briefs, procedural defaults, and oral arguments. But I do have one thing to offer. I have been lucky in my career to work in “Biglaw,” then at a medium-sized firm of about fifty lawyers, and most recently at …


Reclaiming A Great Judge's Legacy, Frank M. Coffin Apr 2018

Reclaiming A Great Judge's Legacy, Frank M. Coffin

Maine Law Review

In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …


Citation Literacy, Alexa Z. Chew Apr 2018

Citation Literacy, Alexa Z. Chew

Arkansas Law Review

Citation literacy is the ability to read and write citations.[1] That’s it. The rest of this article will unpack what’s in those ten words and why they matter.


Acknowledgments, Howard S. Carrier Apr 2018

Acknowledgments, Howard S. Carrier

International Journal on Responsibility

Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.


Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti Apr 2018

Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti

International Journal on Responsibility

Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at …


Resolving The Paradox Of Holding People Responsible, Hal Pepinsky Apr 2018

Resolving The Paradox Of Holding People Responsible, Hal Pepinsky

International Journal on Responsibility

Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one conflicts …


Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun Apr 2018

Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun

International Journal on Responsibility

No abstract provided.


What Does Responsibility Mean To Me?, Arun Gandhi Apr 2018

What Does Responsibility Mean To Me?, Arun Gandhi

International Journal on Responsibility

No abstract provided.