Legal Writing and Research Commons^™

Peking University School Of Transnational Law: A New Venture In International Legal Relations, Howard Bromberg

Articles

The School of Transnational Law (STL) is largely the work of two men of vision, Hai Wen, Vice-President of Peking University, and Jeffrey Lehman, former Dean of the University of Michigan Law School and President of Cornell University. Both were instrumental members of the Joint Center for China-U.S. Law and Policy Studies Institute (the Joint Center), founded in 2005, whose mission is to “nurture harmony between the Chinese and American legal systems through the dissemination of knowledge.” Hai and Lehman aspired to create a law school that would integrate China’s bold entry into global business and international diplomacy with a …

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Scholarly Works

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing "a sea-change," family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income.

This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …

Jupiter As Everyman: Michael Reisman And The Scholar As Teacher, James E. Baker

Georgetown Law Faculty Publications and Other Works

These are Chief Judge Baker’s remarks reflecting on the scholarship of Professor Michael Reisman in the field of national security law. Chief Judge Baker comments that Professor Reisman is a prolific writer and Scholar-Teacher dedicated to the study of force, minimization of suffering, and the advancement of human dignity and the law. He discusses how Professor Reisman’s work is distinctive in that it identifies and incorporates the critical influence of process, both formal and informal, in decisionmaking, which sometimes overshadows substance.

Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk

UIC Law Open Access Faculty Scholarship

No abstract provided.

Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag

Publications

In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …

Now You See It Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard

Journal Publications

This article asks the following question: should the average law professor, who works mightily to churn out a large journal article every two years or so, be penalized for relying heavily on Internet citations provided full and accurate credit is given to all sources? I believe that in order to attempt to answer this question, it is important to first examine the roots of scholarship in academia and revisit its original purpose and second, to discuss the rise of technology and the impact it has had on the academy. This article will eventually set out some guidelines for the use …

Remembering Mary C. Daly: A Legal Ethicist Par Excellence, Bruce A. Green

Faculty Scholarship

No abstract provided.

Advocating For Our Future, Sarah J. Mirsky

NYLS Law Review

No abstract provided.

A Significant Symposium, Roger J. Miner

NYLS Law Review

No abstract provided.

Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills

Journal Articles

This is a 2007 update of a survey of minority law librarians first conducted in 1992. It offers a recent profile of our minority colleagues, enabling one to see how things have changed - or remained the same - over the course of fifteen years.

Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network was Professor Cass Sunstein of Harvard Law School and proceeded to catalogue all of his myriad co-authors (so-called Sunstein 1's) and their co-authors (Sunstein 2's). In this small note we update that catalogue as of August 2008 and take the opportunity to reflect on this project and its methodology.

Crossover, Richard Delgado

Faculty Articles

Should minority writers aim for a "crossover" audience of mainstream (white) readers or write mainly for a circle of readers like themselves, viz., minorities or people of color? Despite the attractions of achieving crossover status -- including fame, fortune, and book reviews -- the article argues that writers of color should usually visualize an audience of their peers, that is, readers of color. Writing for a broad audience of mostly white readers risks that the minority writer will adopt topics, language, and approaches that will appeal and ring true to this group. Consciously or unconsciously the writer may pull his …

Electronically Manufactured Law, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article seeks to strengthen the case for the academy and the legal profession to pay heed to the consequences of the shift to electronic research, primarily by employing cognitive psychology to guide predictions about the impacts of the shift and, thereby, address a perceived credibility gap. This credibility gap arises from the difficulty and imprecision in postulating how changes in the research process translate into changes in researcher behavior and research outcomes. Applying principles of cognitive psychology to compare the print and electronic research processes provides an analytical basis for connecting changes in the research process with changes in …

Putting It All Together: Law Schools' Role In Improving Appellate Practice, Stella J. Phillips

University of Arkansas at Little Rock Law Review

Lawyers make four critical mistakes in current appellate practice. First, many appellants' lawyers do not seem to understand that only some orders may be appealed. Second, appellants often lose their appeals because of the issues about which they argue have not been preserved in the lower court for appellate review. Third, many appellants are unsuccessful because they frame their argument without reference to the appropriate standard of review. Finally, the pressure of client’s expectations and filing deadlines often leads lawyers to become careless when preparing their briefs.

Appellants must know and adhere to court rules about the content, composition, and …

U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.

U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column continues a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. In addition to discussing the elements of effective legal writing, the justices talked about their own writing processes.

Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins

Law Faculty Articles and Essays

In 2006, the American Bar Association (ABA) published its Legal Technology Survey Report, which included a volume on Online Research. In the report, attorneys responded that 91% are conducting at least some of their research online. Though 39% report that they start their research using a fee-based service like Westlaw or Lexis, the report shows that even those who start their research with a fee-based resource eventually get it right-87% of attorneys report using some free online resources at some point over the course of a research project.

What Interests Are Served When Academic Law Library Directors Are Tenured Law Faculty? An Analysis And Proposal, Spencer L. Simons

Journal of Legal Education

No abstract provided.

U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column begins a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. This first part explores the two aspects of good legal writing that were the most often mentioned by the justices during their interviews: clarity and conciseness.

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Law Faculty Articles and Essays

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)

From Snail Mail To E-Mail: The Traditional Legal Memorandum In The Twenty-First Century, Kristen Konrad Robbins-Tiscione

Journal of Legal Education

No abstract provided.

Can You Show Me How To…? Reflections Of A New Law Professor And Part-Time Technology Consultant On The Role Of New Law Teachers As Catalysts For Change, Geoffrey Christopher Rapp

Journal of Legal Education

No abstract provided.

The Poetry Of Law, Sidney W. Delong

Journal of Legal Education

No abstract provided.

Legal Writing: Did Harvard Get It Right?, Laurel Currie Oates

Mercer Law Review

For most law students, there is a moment when, in frustration or exhaustion, they throw up their hands and scream, "There must be a better way." While many of the cases in the casebooks are interesting, learning the law one case at a time seems, at best, inefficient, and at worst, just plain stupid. Wouldn't it be much easier, and better, if law schools used the same pedagogy that is used in many other disciplines: reading assignments, lectures, and exams that test whether students have learned the information set out in those textbooks and lectures?

When students question law school …

Of Empires, Independents, And Captives: Law Blogging, Law Scholarship, And Law School Rankings, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Law faculty blogs have been around for much of the new millennium. This article examines these blogs, including their role in the legal scholarship continuum and their growing influence of legal community.

The paper begins with an evolutionary study, noting that law blogging originally began in a state of nature, with few rules governing frequency or content of posts. Increased competition and the emergence of Empire and Captive law blogs, however, has resulted in a growing sense of order on the legal blogosphere.

Perhaps as a result, the influence of law blogs has increased. The paper relies on a list …

The Ownership Delusion: When Law Libraries "Buy" Electronic Documents, Are They Getting More, Or Simply Paying More?, Simon Canick

Faculty Scholarship

This article explores the issues surrounding electronic document ownership in academic libraries. It discusses the guidelines of AALL with regard to licensing electronic materials, and how it measures up to what vendors are willing to offer. The author takes a critical stance on who benefits from the electronic document ownership agreements.

Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …

Dedication Of Issue To Dean Emeritus Fred F. Herzog, 41 J. Marshall L. Rev. Xxiii (2008), William S. Weltman

UIC Law Review

No abstract provided.

Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato

Scholarly Articles

This article presents a tightly organized and closely reasoned analysis of legal scholarship in the current post-realist era. Secure and well-defined within the formalist legal world of the nineteenth century, the practice of legal scholarship has been profoundly affected by the realist revolution of the early twentieth century and the instrumentalist view of law that now prevails in the twenty-first century. In response, legal scholars have been forced to dramatically alter the focus, the materials and the basic methods of their study. The practice of legal scholarship is currently occupied in a prolonged struggle to adapt to these changes and …