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Full-Text Articles in Law

Teaching “Scholarly Writing” In The First-Year Lwr Class: Bridging The Divide Between Scholarly And Practical Writing, Adam Todd Oct 2013

Teaching “Scholarly Writing” In The First-Year Lwr Class: Bridging The Divide Between Scholarly And Practical Writing, Adam Todd

School of Law Faculty Publications

At a time when there are calls to make legal education more practical and less theoretical, this essay bucks the trend. This piece proposes that there is a need to include an appreciation for “academic” or “scholarly writing” alongside the “practical writing” taught in first-year legal writing classes.


Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii Apr 2013

Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii

School of Law Faculty Publications

Article explores how civil society might become sufficiently organized to hold business accountable beyond consumer choice, and government beyond merely voting.


Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss Jan 2013

Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss

School of Law Faculty Publications

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …


Ohio Oil And Gas Litigation In The New Fracking Era, Blake Watson Jan 2013

Ohio Oil And Gas Litigation In The New Fracking Era, Blake Watson

School of Law Faculty Publications

There is a new era of oil and gas exploration in Ohio: the horizontal “fracking” era. Although the hydraulic fracturing process has been utilized for decades, the recent development of horizontal drilling methods has enabled companies to extract oil and gas from the Marcellus and Utica deep shale formations. Horizontal hydraulic fracturing has substantially changed oil and gas drilling in eastern Ohio, as evident by the following statements taken from a complaint filed by landowners in Columbiana County:

From 2008 through 2010, few Columbiana County landowners understood the significance of the Utica shale play. ... [M]any landowners enter[ed] into oil …


Getting Beyond Intuition In The Probable Cause Inquiry, Erica Goldberg Jan 2013

Getting Beyond Intuition In The Probable Cause Inquiry, Erica Goldberg

School of Law Faculty Publications

Courts are proudly resigned to the fact that the probable cause inquiry is “nontechnical.” In order to conduct a search or make an arrest, police need to satisfy the probable cause standard, which the Supreme Court has deemed “incapable of precise definition or quantification into percentages.” The flexibility of this elusive standard enables courts to defer to police officers’ reasonable judgments and expert intuitions in unique situations. However, police officers are increasingly using investigative techniques that replace their own observational skills with test results from some other source, such as drug sniffing dogs, facial recognition technology, and DNA matching. The …


What Do Legal Employers Want To See In New Graduates? Using Focus Groups To Find Out, Susan Wawrose Jan 2013

What Do Legal Employers Want To See In New Graduates? Using Focus Groups To Find Out, Susan Wawrose

School of Law Faculty Publications

What do legal employers expect from new law school graduates? What skills and competencies do employers value most? With the slow legal hiring market and the pressure on law schools to produce graduates with adequate skills to enter law practice, these are burning questions at law schools today. We went directly to typical employers of our law school’s graduates to find the answers.

This Article describes the original research of a Bar Outreach Project formed by three legal research and writing professors at the University of Dayton School of Law. We conducted formal focus groups with legal employers and used …