Law Commons^™

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en …

Women In The Legal Academy: A Brief History Of Feminist Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Women’s entry into the legal academy in significant numbers—first as students, then as faculty—was a 1970s and 1980s phenomenon. During those decades, women in law schools struggled: first, for admission and inclusion as individual students on a formally equal footing with male students; then for parity in their numbers in classes and on faculties; and, eventually, for some measure of substantive equality across various parameters, including their performance and evaluation both in and in front of the classroom, as well as in the quality of their experiences as students and faculty members and in the benefits to be reaped from …

Navigating Scholarship Discovery, Research Impact, And Open Access, Carol A. Watson, Jean-Gabriel Bankier, Gregg Gordon

Presentations

The leadership teams of bepress and SSRN will present the findings of an integration pilot conducted in partnership with Columbia Law School’s Arthur W. Diamond Law Library, the University of Georgia School of Law’s Alexander Campbell King Law Library, and Southern Methodist University’s Cox School of Business. Expanding the reach of open access scholarship is central to the mission of both bepress and SSRN. However for many institutions, the separation of the two platforms had created barriers to faculty engagement and the building of successful open access initiatives. With both companies now part of the Elsevier portfolio, it seemed the …

Legal Citation Part Ii: Tips & Tricks To Avoid Common Errors, Tenielle Fordyce-Ruff, Jason G. Dykstra

Jason Dykstra

This article goes over quick and easy tips to help one avoid the most common citation typeface and abbreviation errors often seen in practitioner filings.

Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Tenielle Fordyce-Ruff, Jason G. Dykstra

Jason Dykstra

Remember, at our core, attorneys are advocates, and one of the purposes of citation is to prove to the reader that she can trust one's research-to prove that the law is what one states it is and that it works the way one stated it does.

In addition to understanding the language of citation and using the correct form, citation can also increase the level of trust one's reader will have in one's positions in two ways: signals and explanatory parentheticals.

Beyond The Basics: Lesser-Used Punctuation Marks, Tenielle Fordyce-Ruff, Jason G. Dykstra

Jason Dykstra

Occasionally legal writing can benefit from a few lesser-used punctuation marks. This article focuses on the proper use of the question mark, slash, and parentheses in legal writing. Used sparingly and correctly, these marks can enhance the clarity of your legal writing without sacrificing a formal tone or professional style. [excerpt]

Legal Citation Part I: The Basics Of Legal Citation, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

Legal citation conveys information succinctly and efficiently by adhering to four principles. Thus, legal citation follows the 1) core identification principles, 2) minimum content principles, 3) compacting principles, and 4) formatting principles. This article looks at each. [excerpt]

Legal Citation Part Ii: Tips & Tricks To Avoid Common Errors, Tenielle Fordyce-Ruff, Jason G. Dykstra

Tenielle Fordyce-Ruff

This article goes over quick and easy tips to help one avoid the most common citation typeface and abbreviation errors often seen in practitioner filings.

Index To Tenielle Fordyce-Ruff's Advocate Articles, Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

This document functions as an index to help readers to navigate Professor Fordyce-Ruff's Advocate column articles better.

Beyond The Basics: Lesser-Used Punctuation Marks, Tenielle Fordyce-Ruff, Jason G. Dykstra

Tenielle Fordyce-Ruff

Occasionally legal writing can benefit from a few lesser-used punctuation marks. This article focuses on the proper use of the question mark, slash, and parentheses in legal writing. Used sparingly and correctly, these marks can enhance the clarity of your legal writing without sacrificing a formal tone or professional style. [excerpt]

Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Tenielle Fordyce-Ruff, Jason G. Dykstra

Tenielle Fordyce-Ruff

Remember, at our core, attorneys are advocates, and one of the purposes of citation is to prove to the reader that she can trust one's research-to prove that the law is what one states it is and that it works the way one stated it does.

In addition to understanding the language of citation and using the correct form, citation can also increase the level of trust one's reader will have in one's positions in two ways: signals and explanatory parentheticals.

Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac

Faculty Publications

The Legal Research Survival Manual with Video Modules, by Robert Berring and Michael Levy, is an eighty-seven-page book written in a conversational, informal tone, packed with all the information new legal researchers need to survive their early days in the law library. The book's intended audience are novice legal researchers, in particular first-year law students. The authors have filled the pages with sage advice but left out material novices are not likely to encounter during the first year of law school. The authors, with the help of two additional experts, have added twelve online videos readers can access for expanded …

One Judge's "Ten Tips For Effective Brief Writing" (Part Ii), Douglas E. Abrams

Faculty Publications

Chief United States Bankruptcy Judge Terrence L. Michael (N.D.OKLA.) has written "Ten Tips for Effective Brief Writing" and posted them on the court's website. In the Journal's September-October issue, part 1 of this article began by discussing Tip #9 ("leave the venom at home"). That part proceeded to discuss Tips 1-4.

This final part discusses the remaining Tips. All 10 thoughtful Tips warrant careful consideration from advocates who prepare submissions for trial courts or appellate courts.

Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Getting Visual, Michael D. Murray

Law Faculty Popular Media

No abstract provided.

Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose

Meg Penrose

Sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.

To That Or Not To That: When To Use And When To Omit "That", Tenielle Fordyce-Ruff

Tenielle Fordyce-Ruff

Using or omitting that can be confusing. Sometimes a sentence needs a that, sometimes a sentence doesn't need a that, and sometimes using that is optional. This article addresses some tips to help one understand when that is necessary, when it is optional, and when one might want to use that even if it is optional.

The Draft Restatement (Third) Of Conflict Of Laws: A Response To Brilmayer & Listwa, Kermit Roosevelt Iii, Bethan R. Jones

All Faculty Scholarship

This Essay responds to Lea Brilmayer and Dan Listwa’s criticisms of the Draft Restatement (Third) of Conflict of Laws. We appreciate their engagement. As a general matter, we disagree about the nature and purpose of restatements. More specifically, we disagree about the history and aims of the Restatements of Conflict of Laws. Brilmayer and Listwa’s main criticism—that the drafters of the Restatement (Third) are not authoritatively interpreting any single state’s law and therefore can be only persuasive authority as to the content of a state’s law—could apply to all restatements. But since this Draft Restatement, like other …

Evaluating Shepard’S, Keycite, And Bcite For Case Validation Accuracy, Paul Hellyer

Library Staff Publications

This study evaluates and compares how accurately three legal citators (Shepard’s, KeyCite, and BCite) identify negative treatment of case law, based on a review of 357 citing relationships that at least one citator labeled as negative. In this sample, Shepard’s and KeyCite missed or mislabeled about one-third of negative citing relationships, while BCite missed or mislabeled over two-thirds. The citators’ relative performance is less clear when examining the most serious citator errors, examples of which can be found in all three citators.

Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar

Faculty Scholarship

No abstract provided.

Shot Selection, Patrick J. Barry

The Journal of Appellate Practice and Process

No abstract provided.

The Art Of The Effective Reply, Peter M. Mansfield

The Journal of Appellate Practice and Process

No abstract provided.

The Indelible Mark Of Plagiarism: Why Is It So Difficult To Make It Stop?, Brenda D. Gibson

University of Arkansas at Little Rock Law Review

No abstract provided.

A Structural Approach To Case Synthesis, Fact Application, And Persuasive Framing Of The Law, Lara Gelbwasser Freed, Joel Atlas

Cornell Law Faculty Publications

Lawyering-skills courses, although typically writing-focused, address a wide array of topics. Indeed, to prepare an effective legal document, students must not only write well but analyze well. And, although teaching the pure-writing aspects of the course is certainly a challenge, teaching the analysis-related skills is often the most difficult.

Among the thorniest of these skills are synthesizing cases, applying facts, and persuasively framing the law. Professors struggle to teach these skills, and students consistently struggle to understand and implement them. To lighten the burden for both professors and students, we have approached these skills structurally and, in doing so, have …

This Book Is Just My Type, Jennifer Babcock

Publications

Jennifer Babcock reviews Typography for Lawyers by Matthew Butterick (2d ed., O'Connor's 2015), 240 pages.

Law Library Blog (October 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Generation Z Goes To Law School: Teaching And Reaching Law Students In The Post-Millennial Generation, Laura P. Graham

University of Arkansas at Little Rock Law Review

No abstract provided.

Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.

Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam

Dickinson Law Review (2017-Present)

President Trump’s currently litigated “transgender ban,” which excludes transgender persons from military service, is premised in part upon a claim that transgender persons’ presence in the military adversely affects “unit cohesion.” This use of identity- based “unit cohesion” as a justification for excluding a group from military service is the latest episode in a long history of the government asserting “unit cohesion” to justify excluding people from military service based on their identities. This Article contends that unit cohesion, when premised on identity, is always an impermissible justification for exclusion from military service because it is unconstitutional animus. Though …

Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom

Dickinson Law Review (2017-Present)

Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.

To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work aligns …