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Full-Text Articles in Law

A New Bluebook, K.K. Duvivier Nov 2000

A New Bluebook, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.


String Citations-Part Ii, K.K. Duvivier Sep 2000

String Citations-Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

However, string citations can be useful in some situations. For example, you may wish to use a string citation if you need to illustrate that there is a trend of authorities or that more than one case or jurisdiction supports the proposition you urge. String citations also are helpful when readers expect a comprehensive treatment of authorities.


String Citations-Part I, K.K. Duvivier Jul 2000

String Citations-Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Whenever you list more than one authority to support the same legal proposition, you are using a "string citation." The name arises from the impression that the writer is "stringing" together several citations. In a string citation, each authority follows the next in a proscribed order: (1) by strength of authority (primary before secondary, enacted law before case law); (2) by jurisdiction (federal before state, alphabetically among states); (3) by rank of court (highest to lowest court); and (4) by date (reverse chronological with most recent first).' Semi-colons are placed between each authority.


Legal Citations For The Twenty-First Century, K.K. Duvivier May 2000

Legal Citations For The Twenty-First Century, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

True, a judge probably won't rule against you if your cites are wrong, but faulty cites do reflect poorly on you.' First, like good manners, proper citations illustrate both your knowledge of the rules of etiquette for legal writing and your precision in following those rules. If your citations are sloppy, some readers may presume that your research and reasoning were done in a similarly uninformed and careless fashion.


Pesky Citations, K.K. Duvivier Mar 2000

Pesky Citations, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Constant citation to legal authorities presents a unique problem for legal writers. Although these authorities are necessary to the analysis, integrating them can interrupt the flow of the writing, or more significantly, can obscure the meaning. Law reviews have chosen to use footnotes to address this problem. But footnotes create their own form of vertical interruption,' and many courts discourage their use in briefs. This article addresses some of the difficulties created by these pesky citations and suggests some solutions for incorporating them more smoothly.


Details, Details: Questions From Readers, K.K. Duvivier Jan 2000

Details, Details: Questions From Readers, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Readers frequently send me questions about word usage. The Bluebook states that one should consult the US. Government Printing Office Style Manual (1984) or The Chicago Manual of Style (13th rev. ed. 1982) for questions on usage, but these sources do not always address the confusion writers encounter. One of my favorite sources for quick answers on these questions is a dictionary-style reference called Legal Writing: Getting It Right and Getting It Written.


On Writing A Casebook, Myron Moskovitz Jan 2000

On Writing A Casebook, Myron Moskovitz

Seattle University Law Review

In this Article, the author will discuss his theory for writing a casebook, how to organize the book and select cases, and how to get your book published.


A Reflective Rhetorical Model: The Legal Writing Teacher As Reader And Writer, Linda L. Berger Jan 2000

A Reflective Rhetorical Model: The Legal Writing Teacher As Reader And Writer, Linda L. Berger

Scholarly Works

Like most writing teachers, the legal writing teacher believes that his reading and response to student work is the most important thing he does, an importance that is underscored by the amount of time it takes. Yet, despite its importance and the hours it consumes, the rhetoric of teacher reading and writing remains relatively unexplored. This article proposes that we begin to apply what we have learned about student reading and writing to our own reading and writing. Our process of reading and responding to student work should be as reflective and rhetorical as the reading and writing process that …


Avoiding Common Problems In Using Teaching Assistants: Hard Lessons Learned From Peer Teaching Theory And Experience, Edward R. Becker, Rachel Croskery-Roberts Jan 2000

Avoiding Common Problems In Using Teaching Assistants: Hard Lessons Learned From Peer Teaching Theory And Experience, Edward R. Becker, Rachel Croskery-Roberts

Articles

A majority of American law schools rely on teaching assistants to help administer first-year legal writing, research, and analysis (LWRA) courses. Specifically, surveys jointly conducted by the Association of Legal Writing Directors (ALWD) and the Legal Writing Institute (LWI) consistently detail the extensive use many LWRA professors make of teaching assistants. Likewise, Julie Cheslik recognized in her article about her 1994 survey on the use of TAs in the typical LWRA course that "[o]ne of the most prevalent uses of peer teachers in the law school setting is the employment of upper-level law students as teaching assistants in the first-year …