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2001

Legal Writing and Research

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Articles 1 - 30 of 37

Full-Text Articles in Law

Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow Dec 2001

Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow

Law Faculty Scholarship

Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam.


Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans Dec 2001

Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans

Cornell Law Faculty Publications

It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic ...


Introduction To "Books", Margaret A. Leary Dec 2001

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


The Quest For Scholarship: The Legal Writing Professor's Paradox, Susan P. Liemer Oct 2001

The Quest For Scholarship: The Legal Writing Professor's Paradox, Susan P. Liemer

Publications

This article explores the many institutionalized obstacles placed in the paths of the legal academy's experts on legal writing when they themselves attempt to write.


Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White Oct 2001

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

All Faculty Scholarship

The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e ...


Why You Should Use A Course Web Page, E. Joan Blum Oct 2001

Why You Should Use A Course Web Page, E. Joan Blum

Boston College Law School Faculty Papers

No abstract provided.


Stuck In The Bargain Basement, Joan Shear Oct 2001

Stuck In The Bargain Basement, Joan Shear

Boston College Law School Faculty Papers

No abstract provided.


Are You Pr Impaired? How Would You Know?, Joan Shear Feb 2001

Are You Pr Impaired? How Would You Know?, Joan Shear

Boston College Law School Faculty Papers

No abstract provided.


Common Disorders Of The Appendix And Their Treatment, Roger J. Miner '56 Jan 2001

Common Disorders Of The Appendix And Their Treatment, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Encounters With Sources, Mary Whisner Jan 2001

Encounters With Sources, Mary Whisner

Librarians' Articles

A reference encounter with The Congressional Globe leads Ms. Whisner to ruminate on a librarian's relationship with sources.


Finding Out What They Want To Know, Mary Whisner Jan 2001

Finding Out What They Want To Know, Mary Whisner

Librarians' Articles

A skilled reference librarian knows more than simply where and how to look up information. Recognizing the importance of knowing what to look for as well, Ms. Whisner discusses the venerable reference interview and its role in this key aspect of patron services.


Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan Jan 2001

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Law Faculty Scholarship

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar ...


The Lsat Myth, Jeffrey S. Kinsler Jan 2001

The Lsat Myth, Jeffrey S. Kinsler

Law Faculty Scholarship

Predicting which students will perform well in law school may seem like an impossible task, but law schools endeavor to do so everyday, and the primary tool they use to make such predictions is the Law School Admission Test (LSAT), a standardized, 101-question multiple-choice examination. This article explores whether the LSAT warrants such prominence. Using statistical and anecdotal evidence, this article analyzes recent graduates of Marquette University Law School (MULS) to ascertain whether: (1) the LSAT is a valid predictor of three-year performance in law school; (2) the LSAT is a better predictor of law school performance than the UGPA ...


Joseph Mccarthy, The Law Student, Jeffrey S. Kinsler Jan 2001

Joseph Mccarthy, The Law Student, Jeffrey S. Kinsler

Law Faculty Scholarship

Much is known about Joseph McCarthy, the United States Senator. A fair amount is also known about Joseph McCarthy, the lawyer and Circuit Court Judge; particularly in his home state of Wisconsin. Not much is known, however, about Joe McCarthy, the law student. This is unfortunate because, arguably, many of the traits that catapulted McCarthy to the top and bottom of American politics were first exhibited in law school. It is a safe bet that very few of the current students at Marquette University Law School (MULS) are even aware that Joe McCarthy is an alumnus (LL.B., 1935) of ...


Books? Why?, Penny A. Hazelton Jan 2001

Books? Why?, Penny A. Hazelton

Articles

Yes, we still need law books.


The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer Jan 2001

The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer

Law Faculty Scholarship

If America wants to stay at the forefront of scientific study and remain competitive with other nations, its students must be taught scientific principles that are generally applied in the global scientific community. Thus, the implications involved in the latest battles over God and science extend beyond whether to teach controversial subjects, and could have a significant effect on the future of American schools. These problems warrant the development of a new test, or new legal analysis, that will enable the Court to deal with this latest chapter in the heated evolution and creationism debate. This Note examines the evidentiary ...


A Novelist's Perspective, Marianne Wesson Jan 2001

A Novelist's Perspective, Marianne Wesson

Articles

No abstract provided.


Teaching Social Justice Through Legal Writing, Pamela Edwards, Sheilah Vance Jan 2001

Teaching Social Justice Through Legal Writing, Pamela Edwards, Sheilah Vance

Publications and Research

No abstract provided.


The Lawyering Process Program: Building Competence And Confidence, Terrill Pollman, Jennifer B. Anderson Jan 2001

The Lawyering Process Program: Building Competence And Confidence, Terrill Pollman, Jennifer B. Anderson

Scholarly Works

In this article, the authors describe the Lawyering Process Program at the William S. Boyd School of Law. Like their colleagues at law schools across the country, students at the Boyd School of Law spend the early part of their law school careers learning the basics of legal research and writing. Unlike many of their fellow IL's, however, Boyd students also learn other important concepts and skills. The Lawyering Process Program at Boyd is a unique, three-semester class that includes significant instruction and experience in four areas: (1) legal writing and analysis; (2) legal research; (3) lawyering skills; and ...


Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow Kleinhaus Jan 2001

Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow Kleinhaus

Scholarly Works

No abstract provided.


Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff Jan 2001

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Articles

No abstract provided.


Irish Legal History: An Overview And Guide To The Sources, Janet Sinder Jan 2001

Irish Legal History: An Overview And Guide To The Sources, Janet Sinder

Faculty Scholarship

No abstract provided.


Gender And Legal Writing: Law Schools’ Dirty Little Secrets, Kathryn M. Stanchi, Jan M. Levine Jan 2001

Gender And Legal Writing: Law Schools’ Dirty Little Secrets, Kathryn M. Stanchi, Jan M. Levine

Scholarly Works

While great strides have been made by legal writing professors in the past two decades, many law schools-perhaps most accurately, many law school deans-try to avoid the investments needed to provide their students with professional, high-quality instruction in legal research and legal writing. Law professors, including women law professors, have reacted to their deans' decisions to maintain the status quo largely by quiet acquiescence- although in some cases they openly support that stance. Legal writing seems to be just too hard, and too demanding in time and energy, to be taught by doctrinal law professors, most of whom are men ...


I Know That I Taught Them How To Do That, Laurel Oates Jan 2001

I Know That I Taught Them How To Do That, Laurel Oates

Faculty Scholarship

Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.


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.


Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy Jan 2001

Escape To Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research, James B. Levy

Faculty Scholarship

No abstract provided.


Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards Jan 2001

Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards

Scholarly Works

No abstract provided.


The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner Jan 2001

The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner

Scholarly Articles and Other Contributions

This is an essay, not a history, on the first fifty years of the Catholic University Law Review. When an enterprise survives that long, it is cause for acknowledgment and celebration. This seems especially appropriate for the Law Review when we consider that it is managed by amateurs, relies on volunteer labor, and changes leadership every year; yet, it has grown and matured into a respectable scholarly journal. There is reason to wonder from where the Law Review has come, what it has accomplished, and how and where it is going. There is reason, too, to reminisce over half a ...


Researching International Environmental Law, Ronald E. Wheeler Jan 2001

Researching International Environmental Law, Ronald E. Wheeler

Faculty Scholarship

Question: I would like to use the Internet to research issues involving international law, specifically international environmental law. How can I access relevant information quickly if I have very little information to begin with?