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Full-Text Articles in Law

Law Library Blog (October 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2020

Law Library Blog (October 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Research Resources For Michigan Criminal Law, Kate E. Britt Jan 2019

Research Resources For Michigan Criminal Law, Kate E. Britt

Law Librarian Scholarship

Few areas of the law are as consequential to the personal lives of those involved as criminal law. The law can, and does, change quickly, and attorneys need to stay abreast of the latest developments to effectively represent their clients. Thankfully, modern government bodies publish current primary law (and many useful secondary sources) online. The sites outlined below will take users to reliable sources of Michigan criminal law and procedure.


How Many Copies Are Enough Revisited: Open Access Legal Scholarship In The Time Of Collection Budget Constraints, Kincaid C. Brown Jan 2019

How Many Copies Are Enough Revisited: Open Access Legal Scholarship In The Time Of Collection Budget Constraints, Kincaid C. Brown

Law Librarian Scholarship

This article discusses the results of a study into the open access availability of law reviews, followed by a discussion of why open access has such a high rate of adoption among law reviews, especially in comparison to the journal literature in other disciplines.


Books Have The Power To Shape Public Policy, Barbara Mcquade Apr 2018

Books Have The Power To Shape Public Policy, Barbara Mcquade

Michigan Law Review

In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.

Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.

And books about the law, like the ones ...


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

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

Law Library Newsletters/Blog

No abstract provided.


In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue Apr 2017

In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue

Articles

The importance of liability law to the American system of justice, and to the US economy in general, are well known. Somewhat less well known, at least among non-lawyers, is the corresponding centrality of liability insurance. For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. Such coverage, provided by state-regulated insurance companies, ranges from auto and homeowners’ policies (sold to consumers throughout the country) to commercial general liability policies (sold to businesses of all sizes) to professional liability policies of various sorts (including Directors and Officers coverage ...


Bibliography, Editorial Board Feb 2017

Bibliography, Editorial Board

The University of New Hampshire Law Review

This bibliography is a comprehensive list of all of Professor Calvin Massey’s scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted supplements written by Professor Massey to his own casebooks.


Redefining “Peril”—Abating The Interest On A Tax Deficiency For Good Faith Reliance On Irs Publications, Brady Cox Feb 2016

Redefining “Peril”—Abating The Interest On A Tax Deficiency For Good Faith Reliance On Irs Publications, Brady Cox

Pepperdine Law Review

Many taxpayers rely on guidance materials the IRS provides in order to comprehend the United States Tax Code and pay an accurate tax. However, many, if not all, of these taxpayers would likely be startled to learn that their reliance on these IRS guidance materials is perilous. That is, that reliance upon these guidance materials will not support a taxpayer’s tax treatment decisions if the IRS decides that the decisions were incorrect under substantive law. However, because the courts have not decisively concluded which financial consequences a taxpayer faces or escapes by relying on informal IRS guidance, “peril” remains ...


Law School Institutional Repositories: A Survey, Kincaid C. Brown Jan 2016

Law School Institutional Repositories: A Survey, Kincaid C. Brown

Law Librarian Scholarship

There has been a dramatic rise in the number of law libraries managing institutional repositories for their law schools. In 2011, there were some 30 law schools with such repositories; now, 80 of the top 100 law schools have their own or participate in a university-wide repository wherein the law school has an identifiable, school-specific collection or community. This article discusses a survey of the of the top 101 law schools, in hopes of facilitating an understanding of the breadth of material to be found in law school institutional repositories.


Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis Fuentes-Rohwer Sep 2015

Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m ...


The Cathedral' At Twenty-Five: Citations And Impressions, James Krier, Stewart Schwab Jun 2015

The Cathedral' At Twenty-Five: Citations And Impressions, James Krier, Stewart Schwab

Stewart J Schwab

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom ...


The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow Apr 2015

The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow

Michigan Law Review

In the 1979 inaugural issue of the Michigan Law Review’s annual survey of books related to the law, Professor Cavers wrote an enthusiastic and hopeful introduction. He characterized the journal’s effort as a “bold innovation” that would benefit lawyers; law professors, both domestic and foreign; scholars in other disciplines, such as the social sciences; and the marketplace of ideas generally. As the annual survey approached its twentieth anniversary, Professor Schneider provided a fascinating, frank description of the Book Review issue’s origins during his tenure as the Michigan Law Review’s Editor- in-Chief. Happily, this annual Book Review ...


Issues And Trends In Collection Development For East Asia Legal Materials, Xiaomeng Zhang, Joostaek Lee, Keiko Okuhara, Evelyn Ma Feb 2015

Issues And Trends In Collection Development For East Asia Legal Materials, Xiaomeng Zhang, Joostaek Lee, Keiko Okuhara, Evelyn Ma

Jootaek Lee

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.


What Books On Law Should Be, Richard A. Posner Apr 2014

What Books On Law Should Be, Richard A. Posner

Michigan Law Review

I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession — specifically judges, practicing lawyers, law students, and academic lawyers — plus persons outside the legal profession who are interested in law. I am not interested in which already published books should be retained and which discarded, but in what type of book about law should be written from this day forward. I will mention a ...


A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D. Jan 2014

A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.

Fordham Intellectual Property, Media and Entertainment Law Journal

While copyright infringement is a legal wrong, plagiarism is a breach of academic and market practices. However, few authors of literary works truly understand the difference between the two. Copyright law seeks to protect economic interests in an underlying work, while plagiarism—and in countries where moral rights are robust, associated legal rights—protect the integrity of the work and the author’s claim to the work. The digital age has refocused attention on the kinds of claims an author or copyright holder might make with respect to unauthorized uses of a literary work. The ease with which a digital ...


Tsu Faculty Publication Database, David Owerbach Dec 2013

Tsu Faculty Publication Database, David Owerbach

David Owerbach

THE TSU faculty publication database is for the years 2012-2014. The database was constructed by the Office of Research and was last updated on November 20, 2014.


Oh, The Treatise!, Richard A. Danner Apr 2013

Oh, The Treatise!, Richard A. Danner

Michigan Law Review

In his foreword to the Michigan Law Review's 2009 Survey of Books Related to the Law, my former Duke colleague Erwin Chemerinsky posed the question: "[W]hy should law professors write?" In answering, Erwin took as a starting point the well-known criticisms of legal scholarship that Judge Harry Edwards published in this journal in 1992. Judge Edwards indicted legal scholars for failing to engage the practical problems facing lawyers and judges, writing instead for the benefit of scholars in law and other disciplines rather than for their professional audiences. He characterized "practical" legal scholarship as both prescriptive (aiming to ...


Tribute To Larry Ribstein, Barry E. Adler Mar 2013

Tribute To Larry Ribstein, Barry E. Adler

Michigan Law Review

A law school job talk for an entry-level candidate is an opportunity for the presenter to put his or her ideas before a faculty in the best possible light. A bit of give-and-take is part of the drill, but the candidate can usually expect the talk to stay more or less on course. My own first job talk, though, given at George Mason University more years ago than I'd like to admit, was attended by the thoroughly exceptional Larry Ribstein and so did not unfold in the usual way.


Education, Complaints, And Accountability, Juan Botero, Alejandro Ponce, Andrei Shleifer Feb 2013

Education, Complaints, And Accountability, Juan Botero, Alejandro Ponce, Andrei Shleifer

Alejandro Ponce

Better educated countries have better governments, an empirical regularity that holds in both dictatorships and democracies. A possible reason for this fact is that educated people are more likely to complain about misconduct by government officials and that more frequent complaints encourage better behavior from officials. Newly assembled individual-level survey data from the World Justice Project show that, within countries, better educated people are more likely to report official misconduct. The results are confirmed using other survey data on reporting crime and corruption. Citizen complaints might thus be an operative mechanism that explains the link between education and the quality ...


Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King Jan 2013

Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King

Law Faculty Scholarship

Executive Summary This report focuses on patent landscape analysis of technologies related to vaccines targeting parasitic worms, also known as helminths. These technologies include methods of formulating vaccines, methods of producing of subunits, the composition of complete vaccines, and other technologies that have the potential to aid in a global response to this pathogen. The purpose of this patent landscape study was to search, identify, and categorize patent documents that are relevant to the development of vaccines that can efficiently promote the development of protective immunity against helminths. The search strategy used keywords which the team felt would be general ...


What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve Jan 2013

What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve

University of Michigan Journal of Law Reform

In this brief essay, I will describe some of what I have learned from Ed Cooper as a fellow participant in the rulemaking process and as a coauthor of two volumes of his Federal Practice and Procedure treatise. To describe everything that Ed has taught me would require much more than the length of this essay. So instead, I will try to offer some representative examples-or, as Ed might say, some "sketches." Because others will discuss Ed's expert guidance of the Rules Committees' consideration of key issues concerning the Civil Rules, my discussion of Ed's scholarship and reporting ...


The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White Jan 2013

The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White

Reviews

Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place ...


Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma Jan 2013

Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma

Law Librarian Scholarship

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.


Vistas Of Finance, Tom C. W. Lin Dec 2012

Vistas Of Finance, Tom C. W. Lin

Tom C. W. Lin

Finance is undergoing a fundamental and technological shift. In the years ahead, there will inevitably be new financial characters and new financial cliffhangers. In this reply to the response of Professor Stephen Bainbridge to my article, 'The New Investor', I offer commentary on one particular new financial character, then on the general trope of cliffhangers as they relate to financial regulation.


Erratum, Fred R. Shapiro, Michelle Pearse Jun 2012

Erratum, Fred R. Shapiro, Michelle Pearse

Michigan Law Review First Impressions

Fred R. Shapiro and Michelle Pearse's essay The Most-Cited Law Review Articles of All Time, 110 MICH. L. REV. 1483 (2012), omitted an article: Owen M. Fiss, Groups and the Equal Protection Clause, 5 PHIL. & PUB. AFF. 107 (1976). Professor Fiss's article should have been listed in 72nd place (with 729 citations) in Table I, Most-Cited Law Review Articles of All Time. Professor Fiss's article fell into the category of articles published in nonlegal journals with over 50 percent of the citations to them occurring in legal journals. See Shapiro & Pearse, supra, at 1487-88. This category by ...


S12rs Sgfb No. 8 (Reference Center), Montgomery Apr 2012

S12rs Sgfb No. 8 (Reference Center), Montgomery

Student Senate Enrolled Legislation

No abstract provided.


Restoring Restitution To The Canon, Douglas Laycock Apr 2012

Restoring Restitution To The Canon, Douglas Laycock

Michigan Law Review

The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with ...


Executive Trade Secrets, Tom C. W. Lin Jan 2012

Executive Trade Secrets, Tom C. W. Lin

Tom C. W. Lin

The law discriminates among a corporation’s secrets. In the eyes of the law, commercial secrets of corporations are legitimate secrets that deserve legal protection and nondisclosure, but personal secrets of executives are not as deserving of legal protection and nondisclosure. This divergent treatment of secrets has resulted in a legal landscape of perplexing, paradoxical paths for corporations and executives concerning executive disclosures — a precarious landscape that has left corporations and investors dangerously susceptible to revelations of private facts that shock market valuation and institutional stability.

This Article explores this divergent treatment of secrets in the context of public corporations ...


Old Habits Die Hard: Disengaging From The Bluebook, Mark Garibyan Jan 2012

Old Habits Die Hard: Disengaging From The Bluebook, Mark Garibyan

University of Michigan Journal of Law Reform Caveat

Incoming first-year law students dread many aspects of what lies ahead: the cold calls, the challenging course load, and the general stress that is associated with starting a new phase in one’s life. Most students, however, do not expect that the Bluebook—the citation system used ubiquitously throughout the legal landscape—will inflict “more pain” on them “than any other publication in legal history.” This pain might be a shock to many who are accustomed to the simpler systems utilized in other academic fields. A citation itself is, after all, merely a reference; it is “neither scholarship nor analysis ...


The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann Jan 2012

The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann

Articles

When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated ...