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Selected Works

2015

Legal Writing and Research

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Full-Text Articles in Law

Your Right To Privacy: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.


Abortion/Reproductive Rights, Sandra Klein Dec 2015

Abortion/Reproductive Rights, Sandra Klein

Sandra S. Klein

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.


The Right To Die As An Issue Of Privacy: A Selective Bibliography, Sandra Klein Dec 2015

The Right To Die As An Issue Of Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

The issue of whether or not an individual has the right to choose when he or she will die, is a very controversial one for many reasons. Further complicating the issue is the question of who, if anyone, has the right to decide for those who are unable to choose for themselves. The bibliography which follows includes articles which discuss this topic from a right to privacy perspective, and should prove useful to those researchers who are new to the subject, as well as to those who are already familiar with the many complex issues involved.


Your Right To Privacy And Children's Rights/Family Law: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy And Children's Rights/Family Law: A Selective Bibliography, Sandra Klein

Sandra S. Klein

In a society increasingly aware of real or perceived social inequities, it is not surprising to note a greater concern for the rights of children and their families. It is also apparent that privacy issues are an integral subset of the larger social sphere of interests. Privacy aspects can be seen to be involved pervasively throughout the area of law dealing with children and families, especially in view of the fact that there is obvious potential for conflict not only between families and the state, but between children and the families of which they are a part


Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra Klein

Sandra S. Klein

The AIDS (Acquired Immune Deficiency Syndrome) virus has had a profound impact upon the lives of people everywhere. One aspect of this impact can be seen in the invasion into areas that had hitherto been believed by most to be private: sexual activity/preferences, medical records/testing, etc. An intensely personal and private tragedy has become, because of its nature~ a matter of public concern. The bibliography which follows addresses the privacy concerns of those infected with the AIDS virus.


Sexual Freedom And Your Right To Privacy: A Selective Bibliography, Sandra Klein Dec 2015

Sexual Freedom And Your Right To Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

Like so many other privacy issues, concern over sexual freedom took on more than intellectual overtones with the advent of greater public discussion. As courts and government appeared to enter the most private domain of all, the bedroom, the public's interest in privacy issues dealing with sexual freedom increased dramatically. This bibliography should serve as a valuable tool for researchers who have an interest in this highly controversial area of social concern.


Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman Dec 2015

Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman

Marci Hoffman

No abstract provided.


The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John Jacob Dec 2015

The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John Jacob

John Jacob

No abstract provided.


Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz Dec 2015

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Robert MacCoun

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …


Drug Testing/Use, Sandra Klein Dec 2015

Drug Testing/Use, Sandra Klein

Sandra S. Klein

Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.


Employee/Employer, Sandra Klein Dec 2015

Employee/Employer, Sandra Klein

Sandra S. Klein

The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.


The Integrated Law School Curriculum, Adam Lamparello Nov 2015

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …


Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler Nov 2015

Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler

Margaret Butler

No abstract provided.


New Format, New Editors, Meg Butler Nov 2015

New Format, New Editors, Meg Butler

Margaret Butler

No abstract provided.


Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway Nov 2015

Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway

Margaret Butler

No abstract provided.


For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon Nov 2015

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Pamela Brannon

No abstract provided.


Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss Nov 2015

Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss

Lisa Radtke Bliss

No abstract provided.


Vanishing Into The Ether: Link Rot And Disappearing Precedent, Kristina L. Niedringhaus Nov 2015

Vanishing Into The Ether: Link Rot And Disappearing Precedent, Kristina L. Niedringhaus

Kristina L Niedringhaus

No abstract provided.


Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow Nov 2015

Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow

Leslie E. Wolf

Researchers often require and collect sensitive information about individuals to answer important scientific questions that impact individual health and well-being and the public health. Researchers recognize they have a duty to maintain the confidentiality of the data they collect and typically make promises, which are documented in the consent form. The legal interests of others, however, can threaten researchers’ promises of confidentiality, if they seek access to the data through subpoena. Certificates of Confidentiality (Certificates), authorized by federal statute, are an important tool for protecting individually identifiable sensitive research data from compelled disclosure. However, questions persist in the research community …


Drafting New York Civil-Litigation Documents: Part Xlvi—Best Practices For Persuasive Writing, Gerald Lebovits Oct 2015

Drafting New York Civil-Litigation Documents: Part Xlvi—Best Practices For Persuasive Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Panelist, How To Write An Op Ed, R. Michael Cassidy Oct 2015

Panelist, How To Write An Op Ed, R. Michael Cassidy

R. Michael Cassidy

Spoke on a panel sponsored by the American Constitution Society.


The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry Oct 2015

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry

Laurel S. Terry

While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …


Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson Oct 2015

Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson

Rebecca A. Mattson

This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.


General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr Oct 2015

General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Abstract Sale submission to vendor and price payment by buyer generally shows just the explicit and implied will of both parties and their loyalty to their own legal commitments. For that reason, chronological ownership comes to be true in private contacts, in which vendor holding the completely discretionary by sending the object of sale by post, third party or his legal representative, provides buyer with complete discretionary for the object. For this reason, contract holds the ownership face when sale really submitted to the buyer and vender pays the price completely. When the whole object contract matters, vendor has the …


Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury Oct 2015

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury

Laura A. Rosenbury

In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship, law …


An Incredible Legacy, Kristina L. Niedringhaus Oct 2015

An Incredible Legacy, Kristina L. Niedringhaus

Kristina L Niedringhaus

No abstract provided.


From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs Oct 2015

From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs

Harry Arthurs

This paper was delivered as the keynote address to the 50th Annual Conference, Canadian Industrial Relations Association, 29 May 2013. My thanks to Alex Zamfir, JD Candidate, Osgoode Hall Law School, for his editorial and research assistance.


Book Review: Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Sonia N. Lawrence Oct 2015

Book Review: Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Sonia N. Lawrence

Sonia Lawrence

This is a book review of Presumed Incompetent: The Intersections of Race and Class for Women in Academia Gabriella Gutierrez y Muhs, Yolanda Flores Niemann, Carmen G. Gonzalez, and Angela P. Harris, eds., Boulder, CO: Utah State University Press, 2012.


That's Just The Way It Is: Langille On Law, Allan C. Hutchinson Oct 2015

That's Just The Way It Is: Langille On Law, Allan C. Hutchinson

Allan C. Hutchinson

This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …


Legal Research And Writing: Teaching Materials: 1994-95, Richard Haigh, William Angus Oct 2015

Legal Research And Writing: Teaching Materials: 1994-95, Richard Haigh, William Angus

Richard Haigh

No abstract provided.