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Legal Writing and Research

2022

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Articles 1 - 30 of 90

Full-Text Articles in Law

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler Dec 2022

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at CWRU, where the theme of the workshops was "Preparing Students for the Modern Practice of Law." This presentation discusses how to prepare students for a modern, globalized client base, and provides tips and tools to help create a shared understanding between clients and future practitioners.


Compliance Through Model Checking, Avishkar Mahajan, Strecker Martin, Seng Joe Watt, Meng Weng (Huang Mingrong) Wong Dec 2022

Compliance Through Model Checking, Avishkar Mahajan, Strecker Martin, Seng Joe Watt, Meng Weng (Huang Mingrong) Wong

Centre for Computational Law

In this short note, we describe part of a case study about Singapore’s Personal Data Protection Act, which we first presented in-formally, then formally as interacting Timed Automata. From these, we derive desiderata on a language and verification framework for reasoning about compliance.


By The Inch, It’S A Cinch: The Case For Go-Ing Slow In First-Year Legal Writing Courses, Patrick J. Long Dec 2022

By The Inch, It’S A Cinch: The Case For Go-Ing Slow In First-Year Legal Writing Courses, Patrick J. Long

Journal Articles

No abstract provided.


Driving-Decision Making Of Autonomous Vehicle According To Queensland Overtaking Traffic Rules, Hanif Bhuiyan, Guido Governatori, Avishkar Mahajan, Andry Rakotonirainy, Meng Weng (Huang Mingrong) Wong Dec 2022

Driving-Decision Making Of Autonomous Vehicle According To Queensland Overtaking Traffic Rules, Hanif Bhuiyan, Guido Governatori, Avishkar Mahajan, Andry Rakotonirainy, Meng Weng (Huang Mingrong) Wong

Centre for Computational Law

Making a driving decision according to traffic rules is a challenging task for improving the safety of Autonomous Vehicles (AVs). Traffic rules often contain open texture expressions and exceptions, which makes it hard for AVs to follow them. This paper introduces a Defeasible Deontic Logic (DDL) baseddriving decision-making methodology for AVs. We use DDL to formalize traffic rules and facilitate automated reasoning. DDL is used to effectively handle rule exceptions and resolve open texture expressions in rules. Furthermore, we supplement the information provided by the traffic rules by an ontology for AV driving behaviour and environment information. This methodology performs …


An End-To-End Pipeline From Law Text To Logical Formulas, Aarne Ranta, Inari Listenmaa, Jerrold Soh, Meng Weng (Huang Mingrong) Wong Dec 2022

An End-To-End Pipeline From Law Text To Logical Formulas, Aarne Ranta, Inari Listenmaa, Jerrold Soh, Meng Weng (Huang Mingrong) Wong

Research Collection Yong Pung How School Of Law

We propose a pipeline for converting natural English law texts into logical formulas via a series of structural representations. Text texts are first parsed using a formal grammar derived from light-weight annotations. An intermediate representation called assembly logic is then used for logical interpretation and supports translations to different back-end logics and visualisations. The approach, while rule-based and explainable, is also robust: it can deliver useful results from day one, but allows subsequent refinements and variations.


American Voter Turnout: The Influence Of Education Levels On Voter Participation, Jack Thomas Bunzel-Hardie Nov 2022

American Voter Turnout: The Influence Of Education Levels On Voter Participation, Jack Thomas Bunzel-Hardie

Student Scholar Symposium Abstracts and Posters

This study is intended to explore the relevant relationship between mistrust in government officials and voter turnout. Within a research article such as this, it is important to distinguish the dependent and independent factors from one another so as not to get them confused. This article identifies the growing sense of mistrust that many Americans feel towards their government officials as the independent factor while examining the relationship that voter turnout has with that growing fear, therefore making that the dependent variable. While this issue has been studied in the past there have been many new events taking place and …


The “Food Blog” Scroll And Its Impact On Online Legal Research, Olivia R. Smith Schlinck Nov 2022

The “Food Blog” Scroll And Its Impact On Online Legal Research, Olivia R. Smith Schlinck

Library Staff Online Publications

After transitioning from a written to a “live” format for assignments in my Advanced Legal Research class, I noticed a vaguely familiar pattern of students unintentionally scrolling past relevant information on their screens.


Centering Black Women In Patent History, Jessica Silbey Nov 2022

Centering Black Women In Patent History, Jessica Silbey

Faculty Scholarship

Professor Kara Swanson’s latest article is a remarkable example of legal historical scholarship that excavates stories from the past to illuminate the present. It is chock full of archival evidence and historical analysis that explains gaps and silences in the United States patent registry as evidence of marginalized inventors–particularly Black women–who should be named inventors but are not.

The article is arresting reading for anyone interested in antebellum history, intellectual property, and the intersection of racism and sexism in law. Mostly, I am grateful to Professor Swanson for doing the obviously very hard work of digging through archives, reading microfiche, …


Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden Nov 2022

Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (November 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2022

Law Library Blog (November 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams Nov 2022

Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams

Faculty Publications

The article advanced this formula for achieving effective appellate advocacy: “First, you seek to persuade the court of the merit of the client’s case, to create an emotional empathy for your position. Then you assist the court to reach a conclusion favorable to the client’s interest in terms of the analysis of the law and the procedural posture of the case.”


Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon Nov 2022

Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon

Faculty Scholarship

The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct …


2022 Esther Clark Moot Court Competition Finals, Roger Williams University School Of Law Oct 2022

2022 Esther Clark Moot Court Competition Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Using A Mindfulness And Gratitude Practice To Improve Student Wellness, Amanda K. Maus Stephen Oct 2022

Using A Mindfulness And Gratitude Practice To Improve Student Wellness, Amanda K. Maus Stephen

Presentations

The University of Oregon School of Law hosted the annual, two-day conference for legal writing professors to share ideas and research on topics related to legal writing and legal writing instruction. This presentation described two experimental semester-long mindfulness activities—mindfulness minutes and gratitude journaling—and student reactions to them.


Friend Or Foe? Lexis Artificial Intelligence (Ai) In Legal Writing, Karin Mika Oct 2022

Friend Or Foe? Lexis Artificial Intelligence (Ai) In Legal Writing, Karin Mika

Law Faculty Articles and Essays

Artificial Intelligence (AI) programs in the law are becoming more popular, moving from downloadable forms, to generating and critiquing contracts and handbooks, and even generating text. Lexis has two major research products that appeal especially to first-year students. The first product is Brief Analysis, which analyzes documents and provides suggestions for additional research. Brief Analysis is more appropriately used to expand research for briefs, motions, and other types of persuasive writing, but could be used to review research and citations for objective memos. The second product is a downloadable add-on that enables research to be done side-by-side with the writing …


Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt Oct 2022

Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt

Articles in Law Reviews & Other Academic Journals

After five installments, we can end our discussion of contract boilerplate. We have slashed the outdated language and emerged as a clear and contemporary legal writer. Be willing to adapt what has worked well in the past because change is the foundation of human ingenuity.


Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate Sep 2022

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Swimming With Broad Strokes: Publishing And Presenting Beyond The Lw Discipline, Robin Boyle-Laisure, Stephen Paskey Sep 2022

Swimming With Broad Strokes: Publishing And Presenting Beyond The Lw Discipline, Robin Boyle-Laisure, Stephen Paskey

Journal Articles

No abstract provided.


Non-Lawyer Judges In Devalued Courts, Maureen Carroll Sep 2022

Non-Lawyer Judges In Devalued Courts, Maureen Carroll

Reviews

Recent legal scholarship has shed needed light on the vast universe of litigation that occurs without lawyers. Large majorities of civil litigants lack representation, even in weighty matters such as eviction and termination of parental rights, raising a host of issues worthy of scholarly attention. For example, one recent article has examined racial and gendered effects of the lack of constitutionally guaranteed counsel in civil matters, and another has shown that judges tend not to reduce the complexity of the proceedings for the benefit of unrepresented parties. In Judging Without a J.D., Sara Greene and Kristen Renberg add an important …


Cole Recognized As “Reviewer Of The Year” For Prestigious Economics Journal, James Owsley Boyd Sep 2022

Cole Recognized As “Reviewer Of The Year” For Prestigious Economics Journal, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A Maurer School of Law faculty member has been recognized for his contributions to reviewing interdisciplinary research for the Journal of Institutional Economics. Professor Dan Cole, Robert H. McKinney Professor of Law and a senior fellow with the Ostrom Workshop, was named one of three “Reviewers of the Year” by the journal on Wednesday (Sept. 7). The announcement was made during the annual World Interdisciplinary Network for Institutional Research (WINIR) Conference. The award, which comes with a £400 prize, recognizes outstanding reviewers for the journal.


Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2022

Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


References To Robert Frost's Poetry In Advocacy And Judicial Opinions, Douglas E. Abrams Sep 2022

References To Robert Frost's Poetry In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

This article concerns courts whose written opinions have recently cited and quoted Frost and his poetry. By profiling Frost’s enduring influence, the article fortifies a theme I have presented in earlier “Writing It Right” articles. The theme begins in the courts, which in recent years often accent their opinions’ substantive or procedural rulings by quoting or citing well-known cultural markers from literature, sports, or popular entertainment.


The Power Of Vulnerability In Promoting A Sense Of Belonging: The Perspective Of A First-Generation American, Karin Mika Aug 2022

The Power Of Vulnerability In Promoting A Sense Of Belonging: The Perspective Of A First-Generation American, Karin Mika

Law Faculty Articles and Essays

It is my intention that students teach each other through really getting to know one another and finding commonality in each other’s experiences. Most of us live in a social bubble, partially because we feel vulnerable in worlds where we perceive that we do not belong. By sharing vulnerabilities, we are able to expand our world to not only understand our commonalities, but to get a new view of what we thought was inalterable. By sharing my own experience as an out-sider, I am better able to encourage students to consider more deeply the opinions of others and to learn …


Law Library Blog (August 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2022

Law Library Blog (August 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


We’Re All Historical Researchers Now: The Impact Of Dobbs On Legal Research Instruction, Olivia R. Smith Schlinck Jul 2022

We’Re All Historical Researchers Now: The Impact Of Dobbs On Legal Research Instruction, Olivia R. Smith Schlinck

Library Staff Online Publications

Congratulations, it’s July, which means you have officially survived what may very well be considered the most consequential Supreme Court term in the history of the United States. Simply existing in this country over the past few weeks (months? years?) feels like trying to swim through rapidly drying concrete. Avoiding the news is impossible if for no other reason than the direct impact so much of the news of late has on the job of a law librarian. Imagine teaching a legal research class at the end of this past SCOTUS sitting? I’ll spare you the image because I did, …


Improved Writing From Reading Other Writers, Douglas E. Abrams Jul 2022

Improved Writing From Reading Other Writers, Douglas E. Abrams

Faculty Publications

In 1954, a 12-year-old junior high school student wrote to Justice Felix Frankfurter seeking advice about how to prepare to become a lawyer. “The best way to prepare for the law,” Frankfurter answered, “is to come to the study of law as a well-read person.” Reading other writers, he explained, enables future lawyers to “acquire the capacity to use the English language on paper and in speech and with the habits of clear thinking.”

Justice Frankfurter offered his young correspondent sound advice about the intimate link among reading, writing, and lawyering. Reading works from other writers with an eye toward …


Bolstering The Asian American Law Library Collection: A Collection Development Guide, Mari Cheney, Mandy Lee, Anna Lawless-Collins Jul 2022

Bolstering The Asian American Law Library Collection: A Collection Development Guide, Mari Cheney, Mandy Lee, Anna Lawless-Collins

Faculty Scholarship

An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American–related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on how to perform a diversity audit, and suggestions for Asian American law-related titles.


Using “Live” Assignments For Formative Assessment, Olivia R. Smith Schlinck Jun 2022

Using “Live” Assignments For Formative Assessment, Olivia R. Smith Schlinck

Library Staff Online Publications

At the Teaching the Teachers Conference a few weeks ago, I gave a demonstration of a formative assessment style we’ve been using at my institution for the past year and a half: a live assignment, AKA the Research Practicum. The presentation was virtual; COVID struck, of course, and I couldn’t get on a plane and fly to Portland. Fortunately, the nature of this assessment lends itself beautifully to a pivot to virtual because it is already entirely virtual. The Research Practicum uses Zoom or some other video conferencing platform and asks students to research while sharing their screen as their …


Vesting, Jed Handelsman Shugerman Jun 2022

Vesting, Jed Handelsman Shugerman

Faculty Scholarship

"The executive Power shall be vested in a President of the United States of America." The Executive Vesting Clause is one of three originalist pillars for the unitary executive theory, the idea that the President possesses executive powers like removal without congressional limitations (that is, the powers are indefeasible). An underlying assumption is that "vest" connotes a formalist approach to separation of powers rather than a more functional system of Madisonian checks and balances. Assumptions about "vesting" for official powers are likely the result of semantic drift from property rights and ahistoric projections back from the later Marshall Court doctrine …


Law Article By Prof. Rob Fischman Selected For Land Use & Environmental Law Review, James Owsley Boyd May 2022

Law Article By Prof. Rob Fischman Selected For Land Use & Environmental Law Review, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.