Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Legal Writing and Research

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 120

Full-Text Articles in Law

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 …

Go to article

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps Dec 2005

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps

ExpressO

This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the US …

Go to article

Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula Dec 2005

Nothing Dismal About It: Researching Environmental Law Without Getting Swamped, Jennifer Sekula

Library Staff Publications

No abstract provided.

Go to article

Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library Dec 2005

Alexander Campbell King Law Library Strategic Plan, 2005-2007, University Of Georgia Law Library

Strategic Plan Documents

This nine page document last revised in December 2005 served as the strategic plan for the University of Georgia School of Law's Library. It contains goals, objectives and strategies. This document served as an approximately three-year guide for the librarians, staff, their services, and library resources. until the next set of revisions took place in March 2007. In 2006 the library did a cumulative review for the first time of the progress so far on this 2005 strategic plan. It is attached here as an additional document. In subsequent years the library would repeat this review process for 2007, 2008 …

Go to article

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng Nov 2005

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.

Go to article

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson Nov 2005

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

This article shows why lawyers must improve their writing skills beyond law school, throughout their careers, and why the legal profession must join the legal academy in working to improve them. It offers recommendations that the legal profession can implement to combine efforts with academia to meet the challenge of improving legal writing. Academia and the legal profession agree that lawyers write poorly; however, how, when, and who should improve writing skills needs examination. For pragmatic and pedagogical reasons, a united effort between academia and the legal profession is required to meet the challenge of improving legal writing. Writing is …

Go to article

Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe Nov 2005

Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe

ExpressO

This article advocates that law schools should provide bar exam preparation for students, including instruction regarding effective writing for bar exams. Using the reader expectation approach and considering the unique conventions of the legal profession's discourse community as a theoretical backdrop, this article examines effective writing for bar exams. It also provides practical recommendations for instructing students to write effective bar exam answers.

Go to article

Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier Nov 2005

Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The Eighteenth Edition of The Bluebook' is now available, and thanks to competition from the ALWD Citation Manual ("ALWD Manual"), this version is better than ever for practitioners. In the words of Gil Atkinson, '"thank God for competition. When our competitors upset our plans or outdo our designs, they open infinite possibilities of our own work to us."

Go to article

Pioneering Change In The Centennial Year, Claire M. Germain Oct 2005

Pioneering Change In The Centennial Year, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Go to article

Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan Oct 2005

Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

Go to article

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond Oct 2005

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond

Faculty Publications

The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.

Go to article

The Art Of Indirection, Elizabeth Fajans, Mary R. Falk Oct 2005

The Art Of Indirection, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

Go to article

Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth Oct 2005

Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth

Michigan Law Review

Everyone suspects that Supreme Court justices' own views of policy play a part in their decisions, but the size and nature of the part is a matter of vague impression and frequent dispute. Do their preferences exert some pressure at the margin or are they better viewed as the mainsprings of decision? The latter claim, identified with legal realism, has been lent some support by political scientists who point out that some justices regularly vote for or against certain kinds of claims (for example, under the Fourth Amendment), or that votes in some areas are broadly predictable according to a …

Go to article

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki Sep 2005

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

ExpressO

The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required of …

Go to article

Casenote: Killing Life Partners: Why Viatical Settlements Constitute Securities – In Light Of The Sec V. Mutual Benefits Corporation And Other Recent Cases Explicitly Rejecting Life Partners, Brian Levin Sep 2005

Casenote: Killing Life Partners: Why Viatical Settlements Constitute Securities – In Light Of The Sec V. Mutual Benefits Corporation And Other Recent Cases Explicitly Rejecting Life Partners, Brian Levin

ExpressO

No abstract provided.

Go to article

Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon Sep 2005

Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon

ExpressO

No abstract provided.

Go to article

Analyze This: Using Taxonomies To Scaffold Students' Legal Thinking And Writing Skills, Christine Mary Venter Sep 2005

Analyze This: Using Taxonomies To Scaffold Students' Legal Thinking And Writing Skills, Christine Mary Venter

ExpressO

This Article describes the deficiencies in current pedagogies used in many law schools. It suggests refocussing attention on the development of students' analytical skills, and describes the use of learning theory and taxonomies to achieve that goal. The argument is made that by specifically developing students' analytical skills, students can become more effective writers and lawyers.

Go to article

Forty-Two: The Hitchhiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher Sep 2005

Forty-Two: The Hitchhiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher

ExpressO

Students are coming to law school increasingly dependent on computers to serve their research needs. And they expect that computerized legal research will be both more efficient and more effective than book-based research. These expectations place students in conflict with traditionalists who point to the inherent limitations of computer-assisted legal research and the dangers in relying on legal research conducted entirely in electronic databases. These traditionalists favor a “books first,” if not a “books only,” approach. This paper explores the cultural conflict between the traditionalists and the “Google generation,” evaluates the dangers associated with computer-assisted legal research, and proposes a …

Go to article

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Go to article

Two Rules For Better Writing, Amy E. Sloan Sep 2005

Two Rules For Better Writing, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

Go to article

Colorado Citations, K.K. Duvivier Sep 2005

Colorado Citations, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

More than ten years ago, I wrote a column addressing special citation forms used by Colorado courts. Readers have clamored for an update, so here it is. . .

Go to article

Proofreading Tips, K.K. Duvivier Sep 2005

Proofreading Tips, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Typos get attention--negative attention--like a blemish on the tip of your nose on prom night. But there is a difference between our blemishes and our typos: while our blemishes may seem more prominent to us than to others, our eyes usually slip right past our own typos. This column presents some techniques for detecting and correcting these errors.

Go to article

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether Sep 2005

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.

Go to article

Fourth Circuit Publication Practices, Carl Tobias Sep 2005

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Go to article

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy Sep 2005

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Go to article

Publishing Dissent, Arthur J. Jacobson Sep 2005

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.

Go to article

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens Sep 2005

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.

Go to article

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Sep 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.

Go to article

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati Sep 2005

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.

Go to article

Much Ado About The Tip Of An Iceberg, William M. Richman Sep 2005

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.

Go to article

Next Last