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Legal Writing and Research

2021

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Full-Text Articles in Law

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.


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.


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.


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 Distinguished And Exemplary Career Of Our Colleague And Friend, Professor Laurel Terry, Gary S. Gildin, Peter G. Glenn Oct 2021

The Distinguished And Exemplary Career Of Our Colleague And Friend, Professor Laurel Terry, Gary S. Gildin, Peter G. Glenn

Dickinson Law Review (2017-Present)

No abstract provided.


Dedication Oct 2021

Dedication

Dickinson Law Review (2017-Present)

No abstract provided.


Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy Oct 2021

Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy

Dickinson Law Review (2017-Present)

The current consensus among commentators is that the flood of cases challenging the 2020 presidential election results was almost completely meritless. This consensus is correct as to the ultimate result, but not as to the courts’ treatment of standing. In their (understandable) zeal to reject sometimes frivolous attempts to overturn a legitimate election and undermine public confidence in our electoral system, many courts were too quick to rule that plaintiffs lacked standing. These rulings resulted in unjustified sweeping rulings that voters were not injured even if their legal votes were diluted by states accepting illegal votes; that campaigns did not …


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 …


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 …


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 …


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.


Standing By To Protect Child Abuse Victims: Utilizing Standby Counsel In Lieu Of Personal Cross-Examination, Claire Murtha Oct 2021

Standing By To Protect Child Abuse Victims: Utilizing Standby Counsel In Lieu Of Personal Cross-Examination, Claire Murtha

Dickinson Law Review (2017-Present)

Child abuse is a pervasive problem in the United States. Often, the abused child’s word is the only evidence to prove the abuse in court. For this reason, the child’s testimony is critical. Testifying can pose a challenge for the abused child who must face her abuser in the courtroom, especially if that abuser personally questions her.

The United States Supreme Court has recognized the legitimate and strong interest the state has in protecting the psychological and physical well-being of children. When a child will face significant trauma and cannot reasonably communicate in the courtroom, the child can be questioned …


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.


When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli Oct 2021

When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli

Dickinson Law Review (2017-Present)

The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …


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 …


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. …


The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William Michael Treanor Oct 2021

The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William Michael Treanor

Michigan Law Review

At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more than two hundred years, questions have been raised as to whether Morris covertly altered the text in order to advance his constitutional vision, but modern legal scholars and historians studying the Convention have either ignored the issue or concluded that Morris …


Table Of Contents & Masthead, Zachary R. Carstens Sep 2021

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.


Table Of Contents & Masthead, Zachary R. Carstens Aug 2021

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.


Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi Jul 2021

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …


The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts Jun 2021

The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts

Journal of Food Law & Policy

In the first sentence of the introduction to the inaugural edition of the Journal for Food Law & Policy, Margie Alsbrook, the founding Editor-in-Chief, and I, the founding faculty advisor, stated: "It is with great pride and pleasure that we present the inaugural issue of the Journal for Food Law & Policy." In celebration of the Journal's tenth anniversary, I am inclined to echo the same sentiment, but with the added proviso: "surprised!" I confess being gravely concerned ten years ago over the Journal's survivability. Food law and policy was then barely in its formative stage. The nascent, social food …


How To Do Things With Signs: Semiotics In Legal Theory, Practice, And Education, Harold Anthony Lloyd May 2021

How To Do Things With Signs: Semiotics In Legal Theory, Practice, And Education, Harold Anthony Lloyd

University of Richmond Law Review

This Article therefore broadly explores semiotics through a lawyer’s lens, hopefully simplifying as much as possible much of the complex, divergent, and, frankly, sometimes baffling terminology used by those who explore semiotics. This Article will first continue below with a general definition of signs and the related notion of intentionality. It will then address the structure and concomitants of signs, the nature of speech acts that are of interest to lawyers, the sign classifications used in legal analysis and rhetoric, the role of signs in careful legal thought and good legal rhetoric, the unfolding of the signified and the fixation …


Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre Apr 2021

Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre

Belmont Law Review

No abstract provided.


The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber Apr 2021

The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber

Belmont Law Review

No abstract provided.


Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon Apr 2021

Contemporary Issues In Administrative Law, Steve Darnell, Kristin Husat, Sue Sheldon

Belmont Law Review

No abstract provided.


Orwell's 1984 "Big Brother" Concept And The Government Use Of Facial Recognition Technology: A Call To Action For Regulation To Protect Privacy Rights, Tate Ducker Apr 2021

Orwell's 1984 "Big Brother" Concept And The Government Use Of Facial Recognition Technology: A Call To Action For Regulation To Protect Privacy Rights, Tate Ducker

Belmont Law Review

No abstract provided.


Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield Apr 2021

Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield

Belmont Law Review

No abstract provided.


Ai For Retrospective Review, Catherine M. Sharkey Apr 2021

Ai For Retrospective Review, Catherine M. Sharkey

Belmont Law Review

No abstract provided.