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2003

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Legal Writing and Research

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Articles 1 - 30 of 39

Full-Text Articles in Law

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner Nov 2003

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.


Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill May 2003

Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill

Presentations

No abstract provided.


Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan Mar 2003

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Working Papers

This bibliography collects and organizes citations to dissertations, chapters in books, journal articles, legislative materials, books, and book reviews from 1980 forward that analyze the effect of victim impact statements in capital cases. The main purpose of the bibliography is to present citations to empirical studies and quantitative evaluations of victim impact statements in the United States and other countries. Because there are few reported empirical studies, the bibliography also contains references to articles that provide qualitative analyses of victim impact statements in criminal trials and of participatory rights of victims in the justice process in general.


Exam Writing As Legal Writing: Teaching And Critiquing Law School Examination Discourse, Adam Todd Jan 2003

Exam Writing As Legal Writing: Teaching And Critiquing Law School Examination Discourse, Adam Todd

School of Law Faculty Publications

This article adds to the growing body of scholarship on legal writing and its role in the legal academy. It addresses an area of legal discourse that is of importance to law students, the legal academy and the bar admissions process, yet has been neglected in legal scholarship. The article is a call for legal writing faculty members and other legal writing specialists to become more involved in the process of teaching about and critiquing the discourse involved in traditional end-of-semester doctrinal law school exams. This article suggests how law school legal writing programs, by deliberately teaching about exam writing ...


Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns Jan 2003

Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.


Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg Jan 2003

Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg

Librarians' Articles

This research guide identifies and describes 163 books, periodicals, reference tools, databases, electronic discussion groups, organizations, and U.S. government agencies useful to the elder law practitioner and the legal researcher. Appendices include a state-by-state list of state aging agencies, bar association committees and sections, law school courses and clinics, and publications; acronyms; and subject headings and a index terms used in library catalogs, periodical indexes, and related sources.


Researching Outside The Box, Mary Whisner Jan 2003

Researching Outside The Box, Mary Whisner

Librarians' Articles

Ms. Whisner demonstrates that many law-related projects require law students and lawyers to use skills that are outside the core legal research skills which they learn early in law school. She argues that law librarians need to be familiar with the skills and sources of disciplines other than the law and be prepared to guide-or push if necessary-patrons outside the box when appropriate.


Re: Memos, Mary Whisner Jan 2003

Re: Memos, Mary Whisner

Librarians' Articles

Reflecting on the written memo librarians frequently use to transmit research results, Ms. Whisner offers her thoughts on its purposes, style, and format. She also contributes an annotated checklist of tips for writing such memos.


These Are A Few Of My Favorite Books, Mary Whisner Jan 2003

These Are A Few Of My Favorite Books, Mary Whisner

Librarians' Articles

Prompted by a beginner's wish to hear more about outstanding reference tools, Ms. Whisner describes three of her favorites: Statistical Abstract of the United States, International Lawyer's Deskbook, and West's Analysis of American Law.


Ending Child Labor: A Role For International Human Rights Law (With Meron Makonnen), James J. Silk, Meron Makonnen Jan 2003

Ending Child Labor: A Role For International Human Rights Law (With Meron Makonnen), James J. Silk, Meron Makonnen

Faculty Scholarship Series

All over the world, children are weaving carpets, cutting and polishing
precious stones, assembling shoes, cutting and sewing garments, mining for
diamonds, gold, silver, and tin, cutting sugar cane, harvesting fruit, coffee, and
other crops, manufacturing toys, sporting goods and appliances, and working
as domestic servants, street vendors, herders, migrant workers, and prostitutes.
These children often work long hours with dangerous tools and machines and
are exposed to hazardous chemicals, polluted air, and infectious diseases.
They are denied the education that is their right and deprived of prospects for
even minimally prosperous and healthy lives.
The economic exploitation of children ...


Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler Jan 2003

Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler

Law Faculty Scholarship

For all practical purposes, the Constitution prescribes only one limit on the federal government's power to tax: the Uniformity Clause, which requires that indirect taxes, such as income and excise taxes, be "uniform throughout the United States ... " It is exceedingly rare for a federal tax law to violate the Uniformity Clause. The Internal Revenue Code does not fix different taxes for different states, as Congress has carefully crafted the tax laws to avoid geographical distinctions. Unfortunately, the Internal Revenue Service ("IRS") has not always been so careful. In recent years, the IRS has adopted a practice of applying different ...


Taxation Without Explanation: The Federal Gift Tax, Jeffrey S. Kinsler Jan 2003

Taxation Without Explanation: The Federal Gift Tax, Jeffrey S. Kinsler

Law Faculty Scholarship

The Federal Gift Tax is designed to implement two competing policies: to tax gifts so as to prevent taxpayers from depleting their estates (and thus evading the estate tax) with tax-free lifetime transfers; but to tax gifts at a rate lower than testamentary transfers so as to encourage taxpayers to circulate wealth during life, thereby stimulating economic growth and income tax revenue. The gift tax has always been carefully crafted to balance these competing interests. That is, until now. The Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") completely perverted these two policies.' EGTRRA was sold to the ...


The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg Jan 2003

The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg

Articles

Connecting users to the best available sources of legal information is one of the traditional functions of the law library. These sources now include Web sites, electronic journals, and subscription databases. This article explores the best way to bring these useful Internet resources to the attention of users, concentrating on the pros and cons of using the catalog or the home page.


A Reply--The Missing Portion, Pierre Schlag Jan 2003

A Reply--The Missing Portion, Pierre Schlag

Articles

No abstract provided.


Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane Jan 2003

Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane

Faculty Scholarship

No abstract provided.


A Guide To International And Foreign Legal Research Online, Jennifer L. Selby Jan 2003

A Guide To International And Foreign Legal Research Online, Jennifer L. Selby

Law Librarian Scholarship

Today, legal researchers in foreign and international law can enhance their search capabilities with web-based resources. However, a few caveats about doing foreign and international legal research on the web include: 1) not all material is available through the web, and the web is not always the fastest way to obtain materials; and 2) the web can be a good source of current and recent information, however, often older legal materials are not found on the web.


How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck Jan 2003

How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck

Law Faculty Publications

In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.


The Right To Receive Information, Susan Nevelow Mart Jan 2003

The Right To Receive Information, Susan Nevelow Mart

Articles

Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.


Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury Jan 2003

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury

UF Law Faculty Publications

In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship ...


American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner Jan 2003

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an ...


The Professional In Legal Education: Foreign Perspectives, James Maxeiner Jan 2003

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal ...


Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh Jan 2003

Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh

Scholarly Works

No abstract provided.


Forms Of Federal Statutory Publication, Elizabeth G. Adelman, Kristina L. Niedringhaus Jan 2003

Forms Of Federal Statutory Publication, Elizabeth G. Adelman, Kristina L. Niedringhaus

Faculty Publications By Year

No abstract provided.


Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan Jan 2003

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Publications

No abstract provided.


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.


On Discipline And Canon, Katherine M. Franke Jan 2003

On Discipline And Canon, Katherine M. Franke

Faculty Scholarship

While the title of the panel I participated in was "Why Do We Eat Our Young?", I think I prefer: "On Discipline and Canon," or to rework the title of the panel in the program, "Why Do We Eat Our Girlfriends?"

In my short remarks, I would like to raise a set not of answers, but of questions that over the last year or so a few of us have been discussing outside of our published work. These questions seem apt both for this panel and for this conference. Last November a group of really wonderful women at the University ...


Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione Jan 2003

Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

At the inception of their careers, most lawyers have little or no background in classical rhetoric. Many law students enter law school thinking that they will receive formal training in either logic or rhetoric, but very few law schools even teach classes in these subjects. In the absence of any formal training, most lawyers learn to write persuasively by imitating “good” legal writing. The consequence for the legal profession is an abundance of legal writing that is not grounded conceptually in the rhetorical tradition from which it is derived. The principal problem with legal writing is not that lawyers cannot ...


Further Thoughts On Better Writing, Terrill Pollman Jan 2003

Further Thoughts On Better Writing, Terrill Pollman

Scholarly Works

As writing teachers, we frequently witness the mystery of how writing and re-writing clarifies thinking. We teach our students to let the writing process show them the gaps in their reasoning. As student edit, they learn that paring away the superfluous allows us to see the line and structure of the argument. When a section or sentence “won’t write,” it is often because we are trying to ignore a flaw in our understanding. Form is related to content. The attempt to simplify out message teaches us what is it we have to say.


Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy Jan 2003

Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy

Faculty Scholarship

This article summarizes the findings of the 2002 survey and highlights significant changes and trends in the operation of legal research and writing programs across the country.


Researching English Case Law, Stephen E. Young Jan 2003

Researching English Case Law, Stephen E. Young

Scholarly Articles and Other Contributions

No abstract provided.