Legal Writing and Research Commons^™

Taking The Offensive: New York City’S Affirmative Suits, Gail Rubin

NYLS Law Review

No abstract provided.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Pairs Thirteen To Sixteen, Michael Sinclair

NYLS Law Review

No abstract provided.

God Vs. The Gavel: A Brief Rejoinder, Douglas Laycock

Michigan Law Review

I recently reviewed God vs. the Gavel by Professor Marci Hamilton, and she published a brief response. My review briefly summarized the book and then made three principal points, addressing Hamilton's institutional competence thesis, her "no-harm" principle, and the remarkable number of legal and factual errors in the book. In this reply, I will review each of these points in turn.

Secrets, Lies & Erisa: The Social Ethics Of Misrepresentations And Omissions In Summary Plan Descriptions, 40 J. Marshall L. Rev. 731 (2007), Alison Mcmorran Sulentic

UIC Law Review

No abstract provided.

Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore

UIC Law Review

No abstract provided.

Guiding Patrons To Online Health Information: Can Librarians Be Found Liable?, Elaine Gibson

Articles, Book Chapters, & Popular Press

The amount of health information available on the Internet is growing rapidly and information intermediaries are increasingly being asked to help information seekers find and make sense of this information. This activity is for the most part benign from a legal perspective. However, there is a small possibility that, should the intermediary steer an information seeker to information that proves harmful to the seeker, the intermediary may be found liable for injuries incurred. In this paper, we examine the theoretical underpinnings of the relevant laws, clarify the risks, and recommend ways to minimize risk.

Zaranska V. U.S. Department Of Homeland Security, Bethany L. Ow

NYLS Law Review

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen

NYLS Law Review

No abstract provided.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” One To Seven, Michael Sinclair

NYLS Law Review

No abstract provided.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair

NYLS Law Review

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"

The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod

NYLS Law Review

No abstract provided.

Kruse V. Wells Fargo Home Mortgage, Inc. (Decided September 10, 2004), Jennifer Katehos

NYLS Law Review

No abstract provided.

Apology Within A Moral Dialectic: A Reply To Professor Robbennolt, Lee Taft

Michigan Law Review

Over the last several years, much has been written about the role of apology in facilitating the resolution of legal disputes. Within this body of work a debate has developed among legal scholars, practitioners, and legislators. Under traditional rules of evidence an apology which acknowledged fault would enter evidence as an admission against interest. Now there is a movement to legislatively "protect" apologies from the effects of the traditional rule in order to facilitate apology without evidentiary encumbrance. Scholars who have argued in favor of the relaxation of the traditional rule have largely relied on anecdotal evidence to support their …

The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft

ExpressO

The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …

Rethinking Crime Legislation: History And Harshness, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is a truth about the criminal law that scholars evade as much as they criticize: the criminal law is produced by legislators (rather than the experts). The author states she does not know of any way to make law in a democracy other than through the voters' representatives. And, yet, it is the standard pose of the criminal law scholar to denigrate legislatures and politicians as vindictive, hysterical, or stupid. All of these things may be true but name-calling is a poor substitute for analysis. As in constitutional law, so too in criminal law, it is time to put …

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Legislative History, Initiatives, And Bill Tracking, Peggy Roebuck Jarrett

Librarians' Chapters in Books

• Introduction
• How a Bill Becomes a Law
• The Process of Researching Legislative History in Washington
• Sources of Legislative History Documents
• Researching Initiatives and Referenda
• Legislative Bill Tracking
• Tips on Using the Legislature's Search Feature

The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth

Federal Communications Law Journal

In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.

Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White

Articles

Assume a bright hypothetical social scientist - call her Phoebe - who is completely ignorant of legal research as it is practiced in today's law schools. Phoebe might speculate about legal research as follows. First, she would note that the law schools are joined with and are the exclusive source of the practitioners of a profession. Second, she would note that commercial and legal actors rub up against and are influenced by the law in countless ways every day. Third, she might remark that this interaction occurs practically on the doorsteps of our law schools. Unlike anthropologists, who may have …

Shall - Take No. 2, Debra R. Cohen

Journal Articles

No abstract provided.

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

Law And Linguistics: Is There Common Ground?, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon

Articles

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.

Book Review, Paul Campos

Publications

No abstract provided.

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.