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2015

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Articles 1 - 13 of 13

Full-Text Articles in Law

Civility (Part Ii), Douglas E. Abrams Jul 2015

Civility (Part Ii), Douglas E. Abrams

Faculty Publications

No abstract provided.

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Creac In The Real World, Diane B. Kraft Jul 2015

Creac In The Real World, Diane B. Kraft

Law Faculty Scholarly Articles

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the "real world" of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on "first-year" issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …

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Stein Center News - June 2015, Stein Center For Law And Ethics Jun 2015

Stein Center News - June 2015, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

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Stein Center For Law And Ethics Annual Report 2014 To 2015, Sherri Levine Jun 2015

Stein Center For Law And Ethics Annual Report 2014 To 2015, Sherri Levine

Annual Reports

No abstract provided.

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Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon Jun 2015

Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon

Marquette Law Review

“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …

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Mind The Gap: Teaching Research As A Fluid, Ever-Present Concept In The First-Year Legal Research And Writing Classroom, Julie Spanbauer May 2015

Mind The Gap: Teaching Research As A Fluid, Ever-Present Concept In The First-Year Legal Research And Writing Classroom, Julie Spanbauer

Mercer Law Review

A couple of years ago, the closed-memorandum problem I assigned as the first writing project for my fresh-faced legal research and writing students involved a legal issue that I manipulated by eliminating discussion of one of the elements of a tort in order to simplify the assignment. Each of the cases provided to the students were similarly redacted to omit discussion of the same element. The students were given the standard instruction that they were not permitted to consult or cite to any outside sources. When I began reading their papers, I noticed that a majority of the students had …

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Of Reptiles And Velcro: The Brain's Negativity Bias And Persuasion, Kenneth D. Chestek Mar 2015

Of Reptiles And Velcro: The Brain's Negativity Bias And Persuasion, Kenneth D. Chestek

Nevada Law Journal

No abstract provided.

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What Happens Next: Metaphor In Disaster Recovery Policy, Sarah E. Jenkins Feb 2015

What Happens Next: Metaphor In Disaster Recovery Policy, Sarah E. Jenkins

BYU Law Review

No abstract provided.

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Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon Jan 2015

Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon

Articles

“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …

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Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong Jan 2015

Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong

Faculty Articles

The primary focus of this Article is on providing practical advice on how to write a reasoned decision or opinion (Section IV). However, experts in education theory have found that adult learners do best when they understand why certain information is being presented, so the discussion of how to write reasoned judgments will be preceded by a brief section on why such judgments are necessary or useful (Section III). This Article also considers what a reasoned decision or opinion actually is as a preliminary matter (Section II), since it is impossible to write such a document without a true appreciation …

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Creac In The Real World, Diane B. Kraft Jan 2015

Creac In The Real World, Diane B. Kraft

Cleveland State Law Review

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …

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Welcome To The Jungle, Where The Rent Is Too Damn High: Using Rent Regulation In New York City To Maintain An Affordable Housing Stock, Gabrielle Denaro Jan 2015

Welcome To The Jungle, Where The Rent Is Too Damn High: Using Rent Regulation In New York City To Maintain An Affordable Housing Stock, Gabrielle Denaro

Cardozo Journal of Conflict Resolution

First, this Note describes and explains the difference between rent control and rent stabilization in New York City. Then, the history of rent control and rent stabilization laws is discussed, followed by an analysis of the arguments of those both for and against the preservation of rent regulation. Further, this Note discusses the issue of gentrification. Finally, this Note proposes an idea for an arbitration forum, and explains the logistics of how it would work and how it could benefit the system overall.

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Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong Jan 2015

Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong

Journal of Dispute Resolution

Producing well-written reasoned judgments (a term that is used herein to denote both trial court decisions and appellate opinions) is the goal of all members of the bench. Badly written rulings can have significant legal consequences for both the parties, who may incur costs as a result of a need to appeal a poorly worded decision or opinion, and society as a whole, since a poorly drafted precedent may drive the law in an unanticipated and unfortunate direction or lead to increased litigation as individuals attempt to define the parameters of an ambiguous new ruling. As a result, helping judges …

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