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Articles 1 - 7 of 7

Full-Text Articles in Law

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii Oct 2016

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.


The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry Aug 2016

The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry

Barry Law Review

No abstract provided.


Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt Apr 2016

Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt

The Journal of Appellate Practice and Process

No abstract provided.


Persuading With Precedent: Understanding And Improving Analogies In Legal Argument, Jacob M. Carpenter Jan 2016

Persuading With Precedent: Understanding And Improving Analogies In Legal Argument, Jacob M. Carpenter

Faculty Publications

When writing persuasive briefs, attorneys use comparisons — metaphors or case-based analogies — to help explain their analyses and support their positions. But attorneys use the two types of comparisons for very different purposes. Several legal scholars have explored how attorneys use metaphors in their legal writing. While the existing scholarship on legal metaphors is excellent, it is not sufficient to properly understand how to best draft case-based analogies. Unfortunately, case-based analogies have been surprisingly understudied despite their critical role in persuasive legal briefs. Not surprisingly, many attorneys are unaware of how far short their analogies fall from reaching their …


Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams Jan 2016

Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams

Faculty Publications

Lawyer's commonly write as the client's representative, but this article explores three opportunities for lawyers who wish also to write sometimes in non-representational roles. Part I here discusses writing or co-writing law review articles.


Glatt V. Fox Searchlight And The Rhetorical Value Of Inter-Circuit Dialogue, Stephen Smith Jan 2016

Glatt V. Fox Searchlight And The Rhetorical Value Of Inter-Circuit Dialogue, Stephen Smith

Faculty Publications

No abstract provided.


"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel Jan 2016

"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel

St. Mary's Law Journal

Abstract forthcoming.