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Full-Text Articles in Law

Blurred Lines—Intersexuality And The Law: An Annotated Bibliography, Pat Newcombe Jan 2017

Blurred Lines—Intersexuality And The Law: An Annotated Bibliography, Pat Newcombe

Faculty Scholarship

This Bibliography gathers, organizes, and annotates relevant law review articles (and one monograph) dealing with legal issues concerning intersexuality. Articles are included to introduce researchers to the intricacies involved in the discussion of intersexuality, to examine issues of medical interventions, and to explore possibilities of judicial relief within the existing framework.


Crowdsourcing Legal Research: The Opportunities And Challenges, Pat Newcombe Jan 2016

Crowdsourcing Legal Research: The Opportunities And Challenges, Pat Newcombe

Faculty Scholarship

Crowdsourcing legal research has the potential to change how legal information is accessed and shared by providing free and value-added resources to the legal community. This Article explores legal crowdsourcing attempts, focusing on Casetext and Mootus. Although the ideal crowdsourcing legal research site has yet to be realized, crowdsourcing has a future because it embodies the concept of social justice and the next generations of attorneys will likely be open to collaboration.


Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty Jan 2016

Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty

Faculty Scholarship

In this Article, the Author opines that the institution of the student-edited law review could no doubt be improved upon in a number of ways, but the existence of the student-edited journal should be sustained, nurtured, and grown by law school administration and faculty. Helping student-edited law reviews improve and flourish should be part of the mission of teachers, scholars, and lawyers committed to providing a skills-based education, for an intellectual discourse, and a service to the legal community.


When The Story Is Too Good To Be True: A Lawyer's Role In Resisting The Lure Of Narrative, Jeanne Kaiser, Scott Brown Jan 2015

When The Story Is Too Good To Be True: A Lawyer's Role In Resisting The Lure Of Narrative, Jeanne Kaiser, Scott Brown

Faculty Scholarship

Storytelling is important in legal persuasion. The power of a good story is why an attorney strives to mold the facts of a case into a tale with clear heroes and villains. High profile bullying stories and the reaction to those stories by prosecutors, legislators, and the legal academy provide examples of lawyers’ susceptibility to the power of an emotional narrative. This Article explores how social problems, like those relating to Phoebe Prince, Tyler Clementi, and Meagan Meiers, are likely to seem more real and pressing when presented in human terms as opposed to the abstract consequences.


Where Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Storytelling, Jeanne Kaiser Jan 2015

Where Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Storytelling, Jeanne Kaiser

Faculty Scholarship

This Chapter examines what can be gained and what can be lost by using storytelling in legal writing. After reviewing some basic principles of legal storytelling, the Chapter reviews some lessons that can be learned from the experience of the New Journalists who adopted literary techniques in their non-fiction work. In the end, the Author concludes that while there is much value in using the tools of fiction in legal writing, it is only with a blend of narrative and analysis that we most successfully do our jobs as lawyers.


When The Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Legal Storytelling, Jeanne M. Kaiser Jan 2010

When The Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Legal Storytelling, Jeanne M. Kaiser

Faculty Scholarship

This Article examines what can be gained and what can be lost by using storytelling in legal writing. After reviewing some basic principles of legal storytelling, the Article reviews some lessons that can be learned from the experience of the New Journalists who adopted literary techniques in their non-fiction work. In the end, the Author concludes that while there is much value in using the tools of fiction in legal writing, it is only with a blend of narrative and analysis that we most successfully do our jobs as lawyers.


Helping Students Develop A Humanistic Philosophy Of Lawyering, Beth Cohen Jan 2006

Helping Students Develop A Humanistic Philosophy Of Lawyering, Beth Cohen

Faculty Scholarship

This Article considers the need to help students develop a cohesive philosophy of lawyering and suggests some ideas and methods to help introduce these concepts and concerns to students. Although this Article focuses primarily on aspects of the legal research and writing curriculum and pedagogy as well as professional development programs that can enhance the curriculum, the concepts are applicable and transferable to other subjects and courses. The purpose of this Article is to explore the issues raised by a conscious decision to help students consider and develop a beneficial philosophy of lawyering in areas including the development of legal …


Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen Dec 2005

Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen

Faculty Scholarship

First-year law students arrive for their first day of classes with varying perceptions about the practice of law and what it means to be a lawyer. Although some students have first-hand knowledge of the profession based on their work in a law office or from family members who are attorneys, many students base their entire conception of what it means to be a lawyer on images from popular media. The Authors discuss how they used a literary account to acquaint students with an authentic picture of litigation, while still teaching the rudiments of legal research and writing. The book used …


The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen Jan 2003

The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen

Faculty Scholarship

The Author discusses the progression from simple to more complex assignments in the Legal Research and Writing curriculum at Western New England College School of Law.


An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen Jan 2002

An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen

Faculty Scholarship

The Authors discuss Legal Research and Writing course requirements at Western New England College School of Law. Although the students must complete a qualified writing course, previously there was no general advanced legal research and writing course. However, recently Western New England College School of Law has offered an Advanced Legal Research and Writing tutorial as an elective. This course is taught by a member of the Legal Research and Writing faculty on a rotating basis.


Modeling: Placing Persuasion In Context, Myra G. Orlen Jan 2001

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.


Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen Jan 1999

Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen

Faculty Scholarship

The Authors from Western New England College School of Law discuss perspectives on and approaches to responding to student writing.


Reflections On Twenty Years Of The Law Review, Howard Kalodner Jan 1998

Reflections On Twenty Years Of The Law Review, Howard Kalodner

Faculty Scholarship

The Author reflects on twenty years of working with the Western New England Law Review. Up until his arrival as dean of the law school, the College was unwilling,or at least reluctant, to provide the necessary funds for publication of a law review.


Reflections Of Irac, Chris Iijima, Beth Cohen Jan 1995

Reflections Of Irac, Chris Iijima, Beth Cohen

Faculty Scholarship

The Authors discuss IRAC as a tool to help students provide structure to legal analysis. Students use this tool not only in writing objective and persuasive memos and briefs, but also in writing answers to examination questions. The Authors give their comments, highlighted by the “Point/Counterpoint,” which present a wide range of views on the efficacy of this tool.


Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen Jan 1995

Instilling An Appreciation Of Legal Ethics And Professional Responsibility In First-Year Legal Research And Writing Courses, Beth Cohen

Faculty Scholarship

The Author suggests that the First-year legal research and writing classes provide the logical forum to remind students of the importance of honesty and integrity both to their work and to the profession and to society as a whole. The Author believes that teachers would do well to take advantage of this unique opportunity to provide such lessons early and often and more importantly, as part of the regular legal research and writing curriculum.