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2009

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Legal Writing and Research

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Articles 1 - 30 of 78

Full-Text Articles in Law

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan Nov 2009

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …


Law And Practice, William Rhee Oct 2009

Law And Practice, William Rhee

Law Faculty Scholarship

No abstract provided.


Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport Oct 2009

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

Scholarly Works

This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.


Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson Jul 2009

Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson

Presentations

Presents the business case for creating an institutional repository (IR), including a comparison of the advantages and disadvantages with Social Science Research Network (SSRN); offers advice on obtaining faculty buy-in to the project in order to obtain content; reviews copyright right issues involved in depositing published materials into the repository; and suggests ways in which creating a repository can build relationships beyond the institution.


Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss Jul 2009

Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.


The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong Jul 2009

The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong

Faculty Publications

This article addresses a gap in the scholarly literature by comparing interpretive methodologies used by U.S. arbitrators to those used by international arbitrators to determine whether and to what extent U.S.-based class awards are enforceable outside the United States. Since many courts and arbitrators have claimed an analogy between consolidated and class arbitration, the article also considers whether such an analogy is appropriate as a matter of law and policy to identify whether the traditional disinclination to order consolidation can or should be extended to class proceedings. This second portion of the article is applicable to both domestic class arbitrations …


From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson Jul 2009

From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson

Scholarly Works

This Article is intended to serve as a roadmap for law professors and law review editors alike in their efforts to find a better way for students to evaluate articles. Further, this Article aims to offer low-cost ways to improve the institution of student-run law reviews by strengthening editors' evaluation skills and processes. This Article is divided into three main parts. Part II of this Article, Manifestations of Systemic Bias, develops a theory of the safe-dissent continuum and employs this theory to determine whether there is empirical support for claims of bias in article evaluation and the legal discourse. Part …


Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen Jun 2009

Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Find It Fast And Free: An Update On Florida And Federal Research On The Internet, Patricia Morgan Apr 2009

Find It Fast And Free: An Update On Florida And Federal Research On The Internet, Patricia Morgan

UF Law Faculty Publications

No abstract provided.


Southeastern Association Of Law Libraries Annual Meeting, University Of Georgia Alexander Campbell King Law Library, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman Apr 2009

Southeastern Association Of Law Libraries Annual Meeting, University Of Georgia Alexander Campbell King Law Library, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman

Conferences and Symposia to 2010

The 2009 SEAALL Annual Meeting was held in Athens Georgia, April 16-18, 2009.


Law Students Are Different From The General Population: Empirical Findings Regarding Learning Styles, Robin Boyle, Jeffery Minneti, Andrea Honigsfeld Apr 2009

Law Students Are Different From The General Population: Empirical Findings Regarding Learning Styles, Robin Boyle, Jeffery Minneti, Andrea Honigsfeld

Faculty Publications

(Excerpt)
It was a snowy day during a semester break when Prof. Robin Boyle was discussing teaching law students and learning styles with Dr. Andrea Honigsfeld, who has performed numerous empirical studies and has published many books and articles on teaching to the learning style of children and adults. Also at the table was Susan Rundle, president of Performance Concepts International (PCI). PCI develops and administers the Building Excellence (BE) Survey, an online learning style assessment survey (described below). Prof. Boyle was aware during this conversation that professors who teach in other graduate programs are fascinated by law students. Dr. …


Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson Apr 2009

Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.


Assessing Student Learning Through Powerpoint 'Games', Johanna K.P. Dennis Apr 2009

Assessing Student Learning Through Powerpoint 'Games', Johanna K.P. Dennis

Publications

It is undisputed that technology has the potential to change the law school classroom and to impact the educational experience. In the legal writing classroom, the use of PowerPoint-based "games" can create a dynamic learning environment enabling a professor to better assess student progress.


Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson Apr 2009

Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson

Faculty Scholarship

No abstract provided.


One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner Apr 2009

One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner

Law Faculty Publications

Decisions to eliminate a book collection occur for various reasons, including retirement, downsizing a home library, or a sweet deal from an online vendor. Law librarians regularly receive inquiries about the purchase or donation of used law books. Many times these calls originate in a law school’s development office after an attorney school seeks his or her law school’s advice on eliminating a significant career investment. An attorney may turn to a law firm librarian for advice as well.


The Benefits Of Podcasting, Karin M. Mika Apr 2009

The Benefits Of Podcasting, Karin M. Mika

Law Faculty Articles and Essays

This article discusses the benefits of podcasting in legal writing courses, based on the author's participation in CALI's 2005 inaugural podcasting project.


Just The Facts, Ma’Am: Make The Web Your Investigative Partner, Anne Burnett Mar 2009

Just The Facts, Ma’Am: Make The Web Your Investigative Partner, Anne Burnett

Presentations

The web is a handy investigative tool, allowing a researcher to obtain information about persons, property and things. One can find email addresses, home addresses, telephone numbers, criminal records, military service information, property records, vital statistics information, photographs and more. This information may help locate a missing heir, reveal useful information about a potential expert witness, confirm the legitimacy of a business, determine who owns a piece of property or expose the litigious nature of a potential client. The focus in these program materials is on free resources, but I also cover a few fee-based services that can be accessed …


Rss: The Hov Lane On The Information Highway, James M. Donovan Mar 2009

Rss: The Hov Lane On The Information Highway, James M. Donovan

Presentations

Today’s world suffers from no lack of readily available information. The challenge is rarely the finding of information; it is rather laying your hands on just the right piece at just the right time. While attorneys have a duty to be well-informed about the state of the law, remaining current can be difficult. The goal should be to have information delivered and organized in a timely, convenient way that both maximizes exposure—assuring that you aren’t missing that perfect nugget that will give you the competitive edge—yet minimizes time-investment in retrieval and scanning through items that may be of no use …


Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones Feb 2009

Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones

Cornell Law Faculty Publications

Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.


What's On Your Playlist? The Power Of Podcasts As A Pedagogical Tool, Kathleen Elliott Vinson Feb 2009

What's On Your Playlist? The Power Of Podcasts As A Pedagogical Tool, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

It is six in the morning and a law student is walking her dog before beginning a full day of classes. Across town a few hours later, a classmate rushes onto a crowded subway train, forced to stand sandwiched between strangers during his commute to school. That afternoon, an evening student sits in rush hour traffic, hoping to make it into the city in time for class. Later that night, a student jogs on a treadmill at the gym after a long day of school. What do all of these students have in common? They are learning by listening to …


Partners In Law, Meg Butler Feb 2009

Partners In Law, Meg Butler

Faculty Publications By Year

No abstract provided.


Now You See It Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard Jan 2009

Now You See It Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard

Journal Publications

This article asks the following question: should the average law professor, who works mightily to churn out a large journal article every two years or so, be penalized for relying heavily on Internet citations provided full and accurate credit is given to all sources? I believe that in order to attempt to answer this question, it is important to first examine the roots of scholarship in academia and revisit its original purpose and second, to discuss the rise of technology and the impact it has had on the academy. This article will eventually set out some guidelines for the use …


Untold Stories: Restoring Narrative To Pleading Practice, Elizabeth Fajans Jan 2009

Untold Stories: Restoring Narrative To Pleading Practice, Elizabeth Fajans

Faculty Scholarship

No abstract provided.


Legal Research Assessment, Simon Canick Jan 2009

Legal Research Assessment, Simon Canick

Faculty Scholarship

Legal research instructors seek to provide their students with a working knowledge of important research tools, strategies with which to develop a rational research plan, and the skill to conduct research efficiently, among other things. A well-conceived legal research class may utilize short-answer assignments, quizzes, and scavenger hunt exercises as a means to establish a baseline of knowledge with critical sources; a series of research problems, with grading based upon students' ability to describe a coherent and logical progression; and a pathfinder or process-oriented final exam, all depending on the instructor's goals. Ultimately, the variety of available assessment tools suggests …


The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills Jan 2009

The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills

Articles & Chapters

No abstract provided.


Law School 2.0: Legal Education For A Digital Age, David I.C. Thomson Jan 2009

Law School 2.0: Legal Education For A Digital Age, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Legal education is at a crossroads. As today's media-saturated students enter law school, they find themselves thrust into old style lecture-orientated, casebook modes of instruction, much of which is over 100 years old. Over those years legal education has resisted many studies recommending change, most recently from the Carnegie Foundation for the Advancement of Teaching and the Clinical Legal Education Association. . .


The State Of The States : Online Resources For State Legal Research, Sharon Bradley Jan 2009

The State Of The States : Online Resources For State Legal Research, Sharon Bradley

Presentations

Finding state and local laws can be challenging. Here are some best-bet websites to help find state and local law online.


Helpful Resources For Handling A Domestic Relations Case, Emily M. Janoski-Haehlen Jan 2009

Helpful Resources For Handling A Domestic Relations Case, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland Jan 2009

Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland

Law Faculty Publications

No abstract provided.


Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland Jan 2009

Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland

Law Faculty Publications

No abstract provided.