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Full-Text Articles in Law

Positioning Podcasting As Legal Scholarship, Sara Gras Feb 2024

Positioning Podcasting As Legal Scholarship, Sara Gras

Utah Law Review

Technology has revolutionized legal practice, education, and societygenerally, yet the availability of new forms of digital media has notsignificantly changed the locus of legal scholarship. This Article examineswhether our collective understanding of where scholarship can existshould expand to include podcasting as a formally acknowledged mediumfor legal scholarship. Student-edited law journals remain the primaryvehicle for disseminating law faculty scholarship, as well as an importantmeasure of faculty productivity and success as scholars, even though mostlegal research is conducted online. Despite acknowledged structurallimitations and biases inherent in the academic law review system,traditional print law journals continue to be more highly placed on thehierarchy …


The Mad Hatter’S Quip: Looking For Logic In The Independent State Legislature Theory, Nicholas Maggio, Foreword By Brendan Buschi Jan 2024

The Mad Hatter’S Quip: Looking For Logic In The Independent State Legislature Theory, Nicholas Maggio, Foreword By Brendan Buschi

Touro Law Review

The Supreme Court is set to hear a case that threatens the bedrock of America’s democracy, and it is not clear how it will shake out. The cumbersomely named “Independent State Legislature Theory” is at the heart of the case Moore v. Harper, which is before the Supreme Court this term. The theory holds that state legislatures should be free from the ordinary bounds of state judicial review when engaged in matters that concern federal elections. Despite being defeated a myriad of times at the Supreme Court, the latest challenge stems from a legal battle over North Carolina’s redistricting maps. …


Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen May 2023

Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen

Faculty Scholarship

A case study for how to use digital object identifiers (DOIs) to make online journals more accessible and improve their site user reports.


Publisher’S Note, Kris Tina Carlston Jd, Mba Apr 2023

Publisher’S Note, Kris Tina Carlston Jd, Mba

Brigham Young University Prelaw Review

The 2023 Brigham Young University Prelaw Review (Journal) continues to demonstrate Brigham Young University’s commitment to excellence in scholarship and student development. Throughout this past year, it has been a privilege to work with ambitious students who want to produce the best possible undergraduate legal journal.


Editor In Chief & Managing Editor’S Note, Collin Mitchell Editor In Chief, Baerett Nelson Managing Editor Apr 2023

Editor In Chief & Managing Editor’S Note, Collin Mitchell Editor In Chief, Baerett Nelson Managing Editor

Brigham Young University Prelaw Review

We are thrilled to present the 2023 edition of the Brigham Young University Prelaw Review, a publication that stands as a symbol of academic excellence and intellectual growth at our esteemed institution. The Prelaw Review remains one of the premier undergraduate experiences at BYU, providing a platform for our students to explore the intricacies of law and engage in thought-provoking discussions on a variety of legal topics.


The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang Jan 2023

The History Of Religious Hiring At American Catholic Law Schools, John M. Breen, Lee J. Strang

Touro Law Review

A mission-driven institution requires personnel who are competent for the realization of the mission. The following article examines the practice of Catholic law schools hiring Catholics as law professors throughout the over 150-year history of Catholic legal education in the United States. This history shows that Catholic law schools alternately sought to hire Catholics as law professors or to hire individuals without regard to their religious affiliation as these schools’ self-understanding of mission changed over time.


Exponential Growth Bias And The Law: Why Do We Save Too Little, Borrow Too Much, And Fail To React On Time To Deadly Pandemics And Climate Change?, Doron Teichman, Professor Of Law, Eyal Zamir, Professor Of Commercial Law Oct 2022

Exponential Growth Bias And The Law: Why Do We Save Too Little, Borrow Too Much, And Fail To React On Time To Deadly Pandemics And Climate Change?, Doron Teichman, Professor Of Law, Eyal Zamir, Professor Of Commercial Law

Vanderbilt Law Review

Many human decisions, ranging from the taking of loans with compound interest to fighting deadly pandemics, involve phenomena that entail exponential growth. Yet a wide and robust body of empirical studies demonstrates that people systematically underestimate exponential growth.

This phenomenon, dubbed the exponential growth bias (“EGB”), has been documented in numerous contexts and across different populations, using both experimental and observational methods.

Despite its centrality to human decisionmaking, legal scholarship has thus far failed to account for the EGB. This Article presents the first comprehensive study of the EGB and the law. Incorporating the EGB into legal analysis sheds a …


What Law Schools Should Leave Behind, L. Danielle Tully Sep 2022

What Law Schools Should Leave Behind, L. Danielle Tully

Utah Law Review

Legal education is at a crossroads, again. Perhaps the more apt transportation metaphor is that legal education is stuck in a roundabout. Crossroads require introspection and decision-making. You can’t move past a crossroad without making an affirmative choice. Roundabouts provide the illusion of movement while keeping you in one place. But don’t be fooled; staying in the roundabout is still a choice.

2020 disrupted this lull. Amid a polarizing political climate, state-sanctioned violence, and the coronavirus pandemic, students said enough.They were right: Enough. Staying in the roundabout right now, choosing the status quo, might be expedient; but it’s also the …


Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith Apr 2022

Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith

Arkansas Law Review

It is an exciting time for the Arkansas Law Review, the School of Law, and the University of Arkansas. The journal is celebrating its 75th anniversary, the law school is approaching its 100th year of existence, and the university recently celebrated its 150th birthday.


Publisher's Note, Kris Tina Carlston Jd, Mba Apr 2022

Publisher's Note, Kris Tina Carlston Jd, Mba

Brigham Young University Prelaw Review

The 2022 Brigham Young University Prelaw Review (Journal) continues to demonstrate Brigham Young University’s commitment to excellence in scholarship and student development. Throughout this past year, it has been a privilege to work with ambitious students who want to produce the best possible undergraduate legal journal.


Editor In Chief & Managing Editor's Note, Kaitlyn Marquis Editor In Chief, J. Caleb Strauss Managing Editor Apr 2022

Editor In Chief & Managing Editor's Note, Kaitlyn Marquis Editor In Chief, J. Caleb Strauss Managing Editor

Brigham Young University Prelaw Review

As we continue to navigate the challenges of a global pandemic, we have been honored to continue a tradition of scholarship with the publication of the 2022 edition of the Brigham Young University Prelaw Review. This year’s topics are grounded in issues on the cutting edge of legal thought, ranging from paid parental leave to the new frontier of Esports in collegiate athletics. Authors and editors were selected in July 2021, and since that time, they have honed their ideas and claims through devoted study and conversations with fellow authors and editors. After selecting their topics, authors and editors worked …


Nonlawyers In The Legal Profession: Lessons From The Sunsetting Of Washington's Lllt Program, Lacy Ashworth Feb 2022

Nonlawyers In The Legal Profession: Lessons From The Sunsetting Of Washington's Lllt Program, Lacy Ashworth

Arkansas Law Review

Today, the number of attorneys in the world fails to serve the number of people in need of legal assistance. Approximately sixty percent of law firm partners are baby boomers, meaning those in their mid fifties to early seventies, and twenty-five percent of all lawyers are sixty-five or older. These individuals will predictably retire. Meanwhile, law school costs more than ever. The average law student graduates $160,000 in debt only to enter into the legal profession with an average starting salary of $56,900 in the public sector and $91,200 in the private sector. It is no surprise law schools have …


Hierarchy, Race & Gender In Legal Scholarly Networks, Keerthana Nunna, W. Nicholson Price Ii, Jonathan Tietz Jan 2022

Hierarchy, Race & Gender In Legal Scholarly Networks, Keerthana Nunna, W. Nicholson Price Ii, Jonathan Tietz

Law & Economics Working Papers

A potent myth of legal academic scholarship is that it is mostly meritocratic and that it is mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgements paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those …


Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo Jan 2022

Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo

Faculty Articles

The study of law, we are told often and generally with approval, has become a potluck to which everyone is invited. Over there stand the historians bearing their retrospectively informed insights; across from them are the experimental psychologists hoisting their pleasingly social-scientific brew; in the corner lurk philosophers chatting calmly over some first principles. The center of the room is quite naturally taken up by the economists, laughing exuberantly over their spread of nifty models, intimidating formulae, and soothing predictions. In the midst of this lively affair, circulating among the invitees like a dutiful host, rejecting nothing, sampling everything, and …


In Memoriam Professor Emeritus Egon Guttmon, Claudio Grossman, Walter A. Effross, David V. Synder Jan 2022

In Memoriam Professor Emeritus Egon Guttmon, Claudio Grossman, Walter A. Effross, David V. Synder

Articles in Law Reviews & Other Academic Journals

When I think about Egon, the first thing that comes to mind are the memories when we met in 1982 at the Washington College of Law (WCL), where he was working as a full-time faculty member. I was coming at that time from my sabbatical in the Netherlands and as a Fulbright Scholar. From the beginning, Egon sought to provide me with a welcoming environment. He approached me, finding shared backgrounds and interests, which is always greatly appreciated, particularly when you are in a new institution. Egon noted that we both had an intellectual interest in international law. In addition …


Local Power, Alexandra B. Klass, Rebecca Wilton Jan 2022

Local Power, Alexandra B. Klass, Rebecca Wilton

Vanderbilt Law Review

This Article is about “local power.” We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to enact regulatory policies in the interests of their citizens. Second, local power describes the authority of local governments to exercise proprietary control over the sources and delivery of electric power to their citizens. This dual meaning of local power is particularly important today, as an increasing number of local governments are seriously considering “municipalizing”--taking control of local electric power systems-—at the same time that, outside the electric power sector, many states are constraining local …


The Life And Work Of Robert Cover- Robert Cover’S Social Activism And Its Jewish Connections, Stephen Wizner Jan 2022

The Life And Work Of Robert Cover- Robert Cover’S Social Activism And Its Jewish Connections, Stephen Wizner

Touro Law Review

No abstract provided.


Preface, Margaret C. Hannon, Ruth Anne Robbins Jan 2022

Preface, Margaret C. Hannon, Ruth Anne Robbins

Other Publications

The overarching theme of Volume 19 of Legal Communication & Rhetoric: JALWD is how legal communication shapes the law, and how doers of legal writing can use their resources to make it better. The volume begins with a fascinating article from Aaron Kirschenfeld and Alexa Chew, “Citation Stickiness, Computer-Assisted Legal Research, and the Universe of Thinkable Thoughts.” In their article, Professors Kirschenfeld and Chew shed light on whether the switch from print research to digital research has changed the way that law students and lawyers conduct research. To do so, the article uses the “citation stickiness” metric, which analyzes whether …


Distracted Walking, Michael L. Smith Jan 2022

Distracted Walking, Michael L. Smith

Faculty Articles

Throughout the United States and across the world, cities are enacting bans on "distracted walking." These bans target cell phone users who cross the street while using a telephone. Doing so in certain cities may result in a fine, community service, or even jail. Drawing inspiration from municipalities, lawmakers in several states have proposed similar statewide legislation. Pushback against these measures is rare-as many people have either directly, or indirectly, experienced the slow and oblivious behavior of "smartphone zombies."

This Article surveys these laws and demonstrates that the science is, at best, mixed on whether device usage results in distraction …


The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg Jan 2022

The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg

Faculty Scholarship

This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …


What Is Scholarly Legal Writing? An Introduction To Different Perspectives (On Us Qualified Immunity Doctrine), Samuel Beswick Jan 2022

What Is Scholarly Legal Writing? An Introduction To Different Perspectives (On Us Qualified Immunity Doctrine), Samuel Beswick

All Faculty Publications

How do you write a law article? It turns out there is no one ‘right way’. Legal problems can be analysed from different angles. Law journals are full of diverse perspectives on the law.

This document provides an introduction to the different types of legal scholarship that can be found in law journals. It illustrates using scholarship on the American judicial doctrine of qualified immunity, which shields government officials from legal liability for ‘constitutional torts’. Qualified immunity can be analysed from the perspective of doctrine, policy, comparative law, history, economics, empirics, sociology, and philosophy. One issue; many perspectives.


The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts Jun 2021

The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts

Journal of Food Law & Policy

In the first sentence of the introduction to the inaugural edition of the Journal for Food Law & Policy, Margie Alsbrook, the founding Editor-in-Chief, and I, the founding faculty advisor, stated: "It is with great pride and pleasure that we present the inaugural issue of the Journal for Food Law & Policy." In celebration of the Journal's tenth anniversary, I am inclined to echo the same sentiment, but with the added proviso: "surprised!" I confess being gravely concerned ten years ago over the Journal's survivability. Food law and policy was then barely in its formative stage. The nascent, social food …


Adopting Doi In Legal Citation: A Roadmap For The Legal Academy, Valeri Craigle May 2021

Adopting Doi In Legal Citation: A Roadmap For The Legal Academy, Valeri Craigle

Utah Law Faculty Scholarship

A Digital Object Identifier (DOI) is a unique string of numbers, letters, and symbols used to identify web-based information assets such as articles, multimedia items, and datasets. A digital object minted with a DOI will be persistently discoverable through this identifier, as long as it lives on the Web.

DOIs are already ubiquitous in citations in the medical and scientific literature, primarily because the discovery of, access to, and linkages between the scholarship in these disciplines happens almost exclusively online. As is true with most content on the web, scholarly content in the sciences is published on multiple platforms and …


Preface, Margaret C. Hannon, Joanne Sweeny Jan 2021

Preface, Margaret C. Hannon, Joanne Sweeny

Other Publications

Volume 18 of Legal Communication & Rhetoric: JALWD introduces the theme of author as travel guide who can transport their reader to new places. Lisa Eichhorn’s article, “Tonal Variation,” introduces the concept of tone, which is defined as the author’s attitude toward the audience. Using this frame, Professor Eichhorn explains how the author can use tone to shape the relationship with the reader. The article examines and contrasts two recent judicial opinions authored by Supreme Court Justices Kagan and Gorsuch. Through these tonal analyses, Professor Eichhorn shows how, even within an opinion, the tone may shift as the opinion moves …


Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine Jan 2021

Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine

Scholarly Works

Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …


Charles Reich And The Legal History Of Privacy, Sarah A. Seo Jan 2021

Charles Reich And The Legal History Of Privacy, Sarah A. Seo

Touro Law Review

No abstract provided.


Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia Jan 2021

Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia

Touro Law Review

No abstract provided.


Improving The Credibility Of Empirical Legal Research: Practical Suggestions For Researchers, Journals, And Law Schools, Jason Chin, Alexander Dehaven, Tobias Heycke, Alexander Holcombe, David Mellor, Justin Pickett, Crystal Steltenpohl, Simine Vazire, Kathryn Zeiler Jan 2021

Improving The Credibility Of Empirical Legal Research: Practical Suggestions For Researchers, Journals, And Law Schools, Jason Chin, Alexander Dehaven, Tobias Heycke, Alexander Holcombe, David Mellor, Justin Pickett, Crystal Steltenpohl, Simine Vazire, Kathryn Zeiler

Faculty Scholarship

Fields closely related to empirical legal research are enhancing their methods to improve the credibility of their findings. This includes making data, analysis code, and other materials openly available, and preregistering studies. Empirical legal research appears to be lagging behind other fields. This may be due, in part, to a lack of meta-research and guidance on empirical legal studies. The authors seek to fill that gap by evaluating some indicators of credibility in empirical legal research, including a review of guidelines at legal journals. They then provide both general recommendations for researchers, and more specific recommendations aimed at three commonly …


From The Editors, Ezra Rosser, Robert Dinerstein Oct 2020

From The Editors, Ezra Rosser, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

Although this issue arrives on desks roughly two years after the start of the coronavirus pandemic, it offers a degree of continuity with our usual fare concerning scholarship about legal education. Our next double-length issue will explore in depth matters of teaching modality, technology, and change connected with the ongoing pandemic. This issue offers fresh perspectives on matters of long-standing concern-line drawing, pro bono requirements, pedagogy, law student instruction of high school students, and bar exams. We found the articles, as well as the three book reviews that fill out this issue, to be engaging and insightful and we hope …


Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe Jun 2020

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …