Law Commons^™

1.1, Yolanda Jones

E-lert

No abstract provided.

Gratifying Rules Of Grammar, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

No abstract: rules of grammar in list form

1.0 Librarian's Supplement, Yolanda Jones

E-lert

No abstract provided.

1.0, Yolanda Jones

E-lert

No abstract provided.

A Thousand Probabilities, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The July Scrivener column addressed the use of intensifiers, words such as “very” and “really” that are used to amplify a concept. This month’s column addresses words at the other end of the spectrum—qualifiers, such as “probably” and “possibly,” that are used to limit a point.

Teaching Assistants: Study Of Their Use In Law School Research And Writing Programs, Julie M. Cheslik

Faculty Works

No abstract provided.

The Lady Doth Protest Too Much, Methinks!, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

When we speak face-to-face with someone, we communicate on several different levels. Our face and body can communicate a different message from that of our voice. Thus the body language of a tight jaw and stiffly crossed arms belies a statement that one is relaxed. Similarly, voice inflection can conflict with spoken words. The impact of such incongruity mayb e intended irony or jest, or the impact may be confusion.

A False Economy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Pause before you next decide to save some space in your brief or contract by defining a term with an acronym. Certainly, if you use only the initial letters of words, whole phrases can be distilled into one new word. Yet acronyms should be used sparingly in legal writing because this economy of ink is rarely an economy of thought.

Cease And Desist, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

One characteristic of legal writing, parodied in the caricature above, is the use of multiple words when one word might suffice. This column first explores how the practice of pairing synonyms or stringing together alternatives originated. Next, it tells when to cut back on such repetition.

Book Review Of Bieber's Dictionary Of Legal Citations, James S. Heller

Library Staff Publications

No abstract provided.

Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams

Faculty Publications

Law teachers increasingly recognize that practical skills training deserves a place in traditional courses throughout the curriculum.' The literature regularly reports proposals to integrate practical skills components into both first-year and upperclass courses. The array of skills includes mediation, negotiation, interviewing and counseling, writing and drafting, case management, and advocacy

A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman, Marianne Wesson

Publications

No abstract provided.

Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler

Law Faculty Scholarship

Motor freight brokers are the connecting link between shippers and carriers, uniting shippers who have cargo to deliver with carriers who have available motor transportation. Acting as traffic managers for shippers and sales agents for carriers, brokers arrange thousands of transactions each day, many of which either start or end up in the international stream of commerce. If used effectively, brokers can lower the transportation costs of domestic and international shippers and increase the revenue of carriers, which ultimately will stimulate interstate and overseas trade. International shippers must often rely on freight brokers to arrange motor transportation for their freight …

Sensible Application Of Stare Decisis Or A Rewriting Of The Constitution: An Examination Of Helling V. Mckinney, Jeffrey S. Kinsler

Law Faculty Scholarship

In Helling v. McKinney, the Supreme Court held that compelled exposure to environmental tobacco smoke ("ETS") may constitute cruel and unusual punishment in violation of the Eighth Amendment. Section I of this article explores the medical evidence linking ETS to lung cancer, heart disease and certain other health risks in nonsmokers. Section II examines the history of the Eighth Amendment's ban on cruel and unusual punishment, particularly as it relates to dangerous or unhealthy prison conditions. Section III analyzes the decision in Helling v. McKinney. Section IV questions whether a judicial ban on smoking would itself constitute cruel and unusual …

Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

An important—but sometimes annoying—component of legal writing is citation to controlling authority. Through citation, we should provide our readers with recognizable and accurate references to the sources that form the basis of our legal analyses. The fundamental sources of controlling Colorado law are the Colorado statutes, session laws, rules of procedure, jury instructions and cases. Although The Bluebook forms for these sources are recognizable, they are rarely used in the Colorado courts.

Imagining The Law, James Boyd White

Book Chapters

My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …

Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield

Faculty Articles

This article begins with the premise that most law students will become professional writers: that is, they will make their living from writing, whether in practice or academia. As such, they should be confident and comfortable with legal discourse and composition in practical, social, and intellectual contexts. That confidence must be based on good training throughout their law school careers, and that training must look beyond legal writing problems to solutions. To suggest solutions to legal writing problems, this article examines traditional definitions of legal writing, definitions that may themselves be impeding progress toward more effective training. It then offers …

Tip Jars At The Law Library Reference Desk, Kelly Kunsch

Faculty Articles

Kelly Kunsch humorously argues for law reference librarians' right to accept tips for their service to the law school community.

Twentieth-Century Virginia Legal Periodicals: A Bibliography And Commentary, William Hamilton Bryson

Law Faculty Publications

Periodicals have played an important role in the Virginia legal community, serving as a medium for scholarly legal commentary and debate, for keeping practitioners abreast of developments in the law, and for providing information on current events and activities in the legal community. Although the fundamental purposes of the legal periodical have remained somewhat constant, the number and circulation of Virginia legal periodicals have expanded greatly and, as a result, so has their role in the Virginia legal community. A chronological examination of legal periodicals in twentieth-century Virginia reveals that the role of the legal periodical has significantly increased from …

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

Journal Articles

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.

Trends In Constitution-Based Litigation In The Federal Courts, Douglas O. Linder

Faculty Works

No abstract provided.

Practicing Poetry, Teaching Law, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Employee/Employer, Sandra S. Klein

Journal Articles

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.

Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon

Articles

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …

Beyond The Moot Law Review: A Short Story With A Happy Ending, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

When the author began teaching at the Chicago-Kent College of Law in 1982, it was publishing at great expense a law review that few cited, few professors would write for, and few, if anyone, read. For this reason, he dubbed it a "moot law review" in that students were working hard to produce a publication that mimicked "real" law reviews-that is, law reviews that contribute to intellectual discourse and the body of legal knowledge.

The fact that you are reading this page (and others in this issue) is evidence that the Chicago-Kent Law Review is no longer a moot law …

Legal Classics: After Deconstructing The Legal Canon, Francis J. Mootz Iii

Scholarly Works

The debate over the canon has gripped the University in recent years. Defenders of the canon argue that canonical texts embody timeless and universal themes, but critics argue that the process of canonization subordinates certain people and viewpoints within society in order to assert the existence of a univocal tradition. Originating primarily in the field of literary criticism, the canon debate recently has emerged in legal theory.

Professor Francis J. Mootz argues that the issues raised by the canon debate are relevant to legal scholarship, teaching and practice. After reviewing the extensive commentary on the literary canon, Professor Mootz criticizes …

Drug Testing/Use, Sandra S. Klein

Journal Articles

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.

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

Journal Articles

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.

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

Journal Articles

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

Abortion/Reproductive Rights, Sandra S. Klein

Journal Articles

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.