Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal analysis

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 79

Full-Text Articles in Law

Problems With Authority, Amy J. Griffin Jan 2023

Problems With Authority, Amy J. Griffin

Georgetown Law Faculty Publications and Other Works

Judicial decisionmaking rests on a foundation of unwritten rules—those that govern the weight of authority. Such rules, including the cornerstone principle of stare decisis, are created informally through the internal social practices of the judiciary. Despite the central role of such rules in judicial decisionmaking, we lack a good account of how they are created, revised, and enforced. There is something paradoxical and troubling about the notion that the rules of the game are determined by the players as they play the game according to those rules. Because weight-of-authority rules are largely informal and almost entirely unwritten, we don’t even …


Trial Selection And Estimating Damages Equations, Keith N. Hylton Jan 2023

Trial Selection And Estimating Damages Equations, Keith N. Hylton

Faculty Scholarship

Many studies have employed regression analysis with data drawn from court opinions. For example, an analyst might use regression analysis to determine the factors that explain the size of damages awards or the factors that determine the probability that the plaintiff will prevail at trial or on appeal. However, the full potential of multiple regression analysis in legal research has not been realized, largely because of the sample selection problem. We propose a method for controlling for sample selection bias using data from court opinions.


Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar Jun 2021

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …


‘Con Los Brazos Abiertos’: Venezuelan Migration And The Humanitarian State Under Ecuador's Moreno Administration, Madeline Cook May 2021

‘Con Los Brazos Abiertos’: Venezuelan Migration And The Humanitarian State Under Ecuador's Moreno Administration, Madeline Cook

Honors Theses

In its 2008 Constitution, Ecuador enshrined radically inclusive principles of universal citizenship and legal protections for migrants, written in a moment of historic Ecuadorian emigration. Yet in the wake of the Venezuelan migrant crisis and President Lenin Moreno’s shift towards austerity, how has his administration (2017-2021) responded to the Venezuelan migration in policy and in political discourse? Through an analysis of legal documents including ministerial agreements, legislation, executive decrees, and the VERHU visa, this paper outlines a pattern of legal restrictions levied on Venezuelan migrants. Additionally, this paper employs a qualitative content analysis of the Moreno administration’s political discourse, including …


Natural Language Processing For Lawyers And Judges, Frank Fagan Apr 2021

Natural Language Processing For Lawyers And Judges, Frank Fagan

Michigan Law Review

A Review of Law as Data: Computation, Text, & the Future of Legal Analysis. Edited by Michael A. Livermore and Daniel N. Rockmore.


Making Sense Of Customary International Law, Monica Hakimi Jun 2020

Making Sense Of Customary International Law, Monica Hakimi

Michigan Law Review

This Article addresses a longstanding puzzle about customary international law (CIL): How can it be, at once, so central to the practice of international law—routinely invoked and applied in a broad range of settings—and the source of such persistent confusion and derision? The centrality of CIL suggests that, for the many people who use it, it is not only comprehensible but worthwhile. They presumably use it for a reason. But then, what accounts for all the muddle and disdain?

The Article argues that the problem lies less in the everyday operation of CIL than in the conceptual baggage that is …


Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith Mar 2020

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Cleveland State Law Review

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …


Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson Nov 2017

Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson

Maine Law Review

Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …


Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe Sep 2017

Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe

Articles

In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …


Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach May 2016

Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach

Journal of Legal Education

No abstract provided.


Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman Mar 2016

Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman

Speaker & Gavel

In examining these implications we argue that the Court’s Nixon decision was a uniquely strategic response to a complex rhetorical situation. In fact, the elements of the situation were so fundamental to the tenor of the Court’s response that this essay’s framework is drawn from Lloyd F. Bitzer’s construction of the rhetorical situation. The use of this system will allow for deeper consideration of the context of United States v. Nixon as well as assessment of the legal text as responsive to that context.


Foreword, Philip C. Bobbitt Jan 2016

Foreword, Philip C. Bobbitt

Faculty Scholarship

In every state of which the international system is composed, the constitution is necessarily involved in the making and exe­cution of the state’s strategy. The nature of that involvement is one dimension by which we determine the character of a par­ticular state. The subordination of the professional military to elected representatives of the state; the making of legal regula­tions governing land and naval forces by the lawmaking body; the fashioning of rules of engagement by an elected executive; and above all, the parliamentary control of the decision to go to war that characterize states of consent — which in the …


When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky Jan 2016

When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky

Articles

It is axiomatic in legal research pedagogy that law schools should teach students how to conduct cost-effective legal research. To do that, we need to teach students to consider the amount of time and money their research requires, how paid legal research platforms like Westlaw and Lexis charge for their services, and how to research in an efficient and cost-sensitive way. But we shouldn’t do those things. Or at least, we shouldn’t do them at first. Instead, we should tell students not to worry about the costs of legal research during their first year of law school—with the possible exception …


Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky Jan 2016

Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky

Articles

There is little question that law schools ought to teach their students professionalism – indeed, they are required to do so to maintain accreditation. And there is little question that the required legal writing and research course is one of the places it ought to be taught. But teaching students to adopt the norms of professional behavior — both in law school and after graduation — is a challenge to law faculties, and particularly to the experiential learning faculty who frequently are on the front lines of teaching professionalism. While there are many ways to teach students what professional and …


Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley Oct 2015

Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley

Michigan Journal of International Law

On December 19, 2008, the Convening Authority for the United States Military Commissions at Guantanamo Bay referred charges against Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri for his role in the October 2000 bombing of the U.S.S. Cole. The charge sheet alleged that al-Nashiri committed several acts—including murder in violation of the law of war, perfidy, destruction of property—”in the context of and associated with armed conflict” on or about October 12, 2000 in connection with the bombing. At the time of the attack, the statement that the United States was engaged in an armed conflict would have been a surprise …


The Seventh Letter And The Socratic Method, Sherman J. Clark Oct 2015

The Seventh Letter And The Socratic Method, Sherman J. Clark

University of Michigan Journal of Law Reform Caveat

Law teachers use the phrase “Socratic method” loosely to refer to various methods of questioning students in class rather than merely lecturing to them. The merits of such teaching have been the subject of spirited and even bitter debate. It can be perceived as not only inefficient but also unnecessarily combative—even potentially abusive. Although it is clear that some critics are excoriating the least defensible versions of what has been called the Socratic method, I do not attempt to canvas or adjudicate that debate in this brief essay. Rather, I hope to add to the conversation by looking to a …


Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark Oct 2015

Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark

University of Michigan Journal of Law Reform Caveat

In this essay, I argue that law schools should continue to encourage and support wide-ranging legal scholarship, even if much of it does not seem to be of immediate use to the legal profession. I do not emphasize the relatively obvious point that scholarship is a process through which we study the law so that we can ultimately make useful contributions. Here, rather, I make two more-subtle points. First, legal academics ought to question the priorities of the legal profession, rather than merely take those priorities as given. We ought to serve as Socratic gadflies—challenging rather than merely mirroring regnant …


Lawgical An Approach To Computer-Aided Legal Analysis, John T. Welch Jul 2015

Lawgical An Approach To Computer-Aided Legal Analysis, John T. Welch

Akron Law Review

L AWGICAL is a system for computer-based information management designed to aid in legal analysis. The phrase "computer-aided legal analysis" used in the title of this article should not be interpreted here to imply to any degree the takeover of the legal analyst's task. LAWGICAL is intended, rather, as a practical tool of limited scope which enhances, but does not change, existing analysis technique. It is not an application of artificial intelligence. It is an application of computer technology on the same order as legal retrieval services or word processing equipment.


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 …


Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr. Jun 2015

Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr.

Akron Law Review

The message I seek to transmit is a cautionary observation, perhaps a complaint, about prevailing method of analysis of ethical issues, including the subcategory of ethics that consists of law. The prevailing method is patterned on the experimental technique in scientific analysis. I want to suggest that the method is inadequate for dealing satisfactorily with real world ethical and legal problems, and indeed can distort analysis and often lead to unsound conclusions.


Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher Apr 2015

Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher

Journal of Experiential Learning

No abstract provided.


Analysis, Research, And Communication In Skills-Focused Courses, Ruth Anne Robbins, Amy E. Sloan, Kristen Konrad Tiscione Jan 2015

Analysis, Research, And Communication In Skills-Focused Courses, Ruth Anne Robbins, Amy E. Sloan, Kristen Konrad Tiscione

All Faculty Scholarship

Since the Carnegie Report and Best Practices for Legal Education were published, a new focus has emerged on building students’ traditional foundational skills through increased opportunities for experiential education, including legal research and writing instruction. Although the Carnegie Report explored legal writing pedagogy in some detail, Best Practices devoted little attention to how foundational analytical, research, and writing skills are or should be taught with specificity, which provided the impetus for more extended treatment here. This section identifies some “better practices” being used and urges adoption of best practices.

In skills-focused courses, legal analysis, research, and writing should be taught …


Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow Dec 2014

Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow

Touro Law Review

No abstract provided.


"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy Dec 2014

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Touro Law Review

No abstract provided.


Duty To Rescue? Exploring Legal Analysis Through The Lens Of Photojournalists’ Storytelling Dilemmas, Iselin Magdalene Gambert Jan 2014

Duty To Rescue? Exploring Legal Analysis Through The Lens Of Photojournalists’ Storytelling Dilemmas, Iselin Magdalene Gambert

GW Law Faculty Publications & Other Works

In depicting scenes of tragedy, what happens when photojournalists become the story? Do photojournalists have a duty to rescue those they photograph? Should they? This article will use a series of iconic images – and the stories of the photojournalists behind the camera – to illustrate how exploring these questions can be a provocative vehicle through which to engage new law students in legal writing and analysis. The article focuses on an exercise that centers around a fictional “Duty to Rescue” statute modeled after European statutes of the same kind. The exercise is anchored by four images – three still …


A Values-Based Pedagogy For The Legal Academy In The Post-Racial Era, Starla J. Williams Jan 2013

A Values-Based Pedagogy For The Legal Academy In The Post-Racial Era, Starla J. Williams

Starla J. Williams

This article explores shifting paradigms for teaching law in the post-racial legal academy. It proposes a normative design to teach legal analysis based on values that are consistent with expanded concepts of diversity in the post-racial era. It offers a fresh look at diversity discourse by exposing obsolete race consciousness that impedes authentic diversity dialogue and inclusiveness in legal communities. Consistent with the understanding that diversity entails more than increased visibility for people of color in the legal profession, this work reveals progressive notions of diversity that include reflections on gender, sexual orientation, disability, age, and other attributes on the …


Answering Legal Problem Questions In A Grid Format, Alex Steel, Dominic Fitzsimmons Dec 2012

Answering Legal Problem Questions In A Grid Format, Alex Steel, Dominic Fitzsimmons

Alex Steel

The development of legal reasoning skills is a fundamental aspect of legal education. What has sometimes been called “learning to think like a lawyer” is a threshold competency that students must acquire before they can progress to more complex analysis of broader legal issues. This chapter discusses the use of problem-based scenarios to both engage students and to develop legal analysis. It outlines the threshold difficulties students must overcome in order to read texts as a lawyer and explains how use of a grid format answer – rather than an essay format – can both assist students to overcome these …


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.


Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator Jan 2012

Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator

Catholic University Law Review

No abstract provided.