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Full-Text Articles in Law

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law Dec 2020

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Numbers, Patrick Barry Nov 2020

Numbers, Patrick Barry

Articles

Numbers can be numbing. Depend too much on them to make your case, pitch your product, or tell your story, and you risk losing your audience. This essay offers a way to way to use numbers—both large and small—in a manner that is at once more compelling and more concrete.


The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler Oct 2020

The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler

Articles

Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.


Errors And Insights, Patrick Barry Oct 2020

Errors And Insights, Patrick Barry

Articles

In Seeing What Other's Don't, the psychologist Gary Klein suggests that only focusing on reducing errors limits our ability to improve. We also need to spend time increasing insights. This short essay applies Klein's approach to writing and editing.


Rhetorical Repetition, Patrick Barry Aug 2020

Rhetorical Repetition, Patrick Barry

Articles

When it comes to persuading judges, boardrooms, or even just co-workers, many lawyers shy away from repetition. They remain committed to the idea, often developed in college, that good writing is associated with having (and showing) a big vocabulary. They mistakenly think the best thesaurus wins. This essay explores that error and offers ways to correct it.


Equality's Understudies, Aziz Z. Huq May 2020

Equality's Understudies, Aziz Z. Huq

Michigan Law Review

Review of Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation.


On Lawyers And Copy Editors, Jonathan I. Tietz May 2020

On Lawyers And Copy Editors, Jonathan I. Tietz

Michigan Law Review

Review of Benjamin Dreyer's Dreyer's English: An Utterly Correct Guide to Clarity and Style.


Rawah, Rawah, Brandi Kilmer Jan 2020

Rawah, Rawah, Brandi Kilmer

TSOS Interview Gallery

No abstract provided.


Patent Law’S Purposeful Ambiguity, Craig Allen Nard Jan 2020

Patent Law’S Purposeful Ambiguity, Craig Allen Nard

Faculty Publications

The ambiguity of language is an unremarkable, yet persistent force within our legal system. In the context of patent law, ambiguity presents a particularly acute dilemma; namely, while describing technological innovations is a salient feature of the patent system, affecting the validity and scope of one’s property right, the blunt nature of language makes this task particularly difficult. This paper argues to address this vexing fixture, patent doctrine purposely embraces ambiguity as a linguistic accommodation that provides measured flexibility for actors to claim and describe their innovations. It should not be surprising, therefore, that some of patent law’s most venerable …


Color-Blind But Not Color-Deaf: Accent Discrimination In Jury Selection, Jasmine Gonzales Rose Jan 2020

Color-Blind But Not Color-Deaf: Accent Discrimination In Jury Selection, Jasmine Gonzales Rose

Faculty Scholarship

Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too often deemed acceptable to exclude jurors because they sound like racial minorities. The fact that accent discrimination is commonly racial, ethnic, and national origin discrimination is overlooked. This Article critically examines sociolinguistic scholarship to explain the relationship between accent, race, and racism. It argues that accent discrimination in jury …