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Articles 361 - 390 of 395
Full-Text Articles in Legal Writing and Research
Developments In Trademark And Unfair Competition Law: In The Courts, The Patent And Trademark Office And Before The Trademark And Appeal Board, 24 J. Marshall L. Rev. 1 (1990), Raymond I. Geraldson Jr., Mark V.B. Partridge, Joseph N. Welch
Developments In Trademark And Unfair Competition Law: In The Courts, The Patent And Trademark Office And Before The Trademark And Appeal Board, 24 J. Marshall L. Rev. 1 (1990), Raymond I. Geraldson Jr., Mark V.B. Partridge, Joseph N. Welch
UIC Law Review
No abstract provided.
Salute To A Great Legislative Draftsman: Elmer A. Driedger, Q. C., Reed Dickerson
Salute To A Great Legislative Draftsman: Elmer A. Driedger, Q. C., Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair
Articles by Maurer Faculty
In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.
Legislative History In Washington, Arthur C. Wang
Legislative History In Washington, Arthur C. Wang
Seattle University Law Review
This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …
A Common Law For The Age Of Statutes, Louis Vogel
A Common Law For The Age Of Statutes, Louis Vogel
Indiana Law Journal
No abstract provided.
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Should Plain English Be Legislated?, F. Reed Dickerson
Should Plain English Be Legislated?, F. Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Articles by Maurer Faculty
Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …
The "Control" Test For Limited Partnerships, Alan L. Feld
The "Control" Test For Limited Partnerships, Alan L. Feld
Faculty Scholarship
Under the Uniform Limited Partnership Act, a limited partner may become generally liable if "in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business." Although the Act is now over fifty years old, no satisfactory standard of "control" has been enunciated, and no definition of the "rights and powers" of a limited partner has been forthcoming. Mr. Feld examines the ambiguities in the statutory language and the dilemma in which they place counsel seeking to advise his clients, and concludes that the Act is due for an …
Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta
Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta
Articles
The increasing need of legislatures to draft complicated statutes, e.g., the Internal Revenue Code, requires the development of new techniques for defining and communicating complicated policies both accurately and understandably. At present, these complicated statutes are expressed in long, convoluted sentences with frequent uses of exceptions and limitations. Current drafting technique, with its inadequacies, often hinders a comprehensive understanding of the policy being communicated and often fails to communicate the policy accurately. Moreover, with the voluminous increase of legal literature in recent times, legal researchers experience increasing difficulty in attempting to retrieve relevant judicial and administrative interpretations. The authors propose …
The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen
The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen
Book Chapters
My remarks are addressed to one aspect of the general problem of communication involved in meeting the information requirements of the courts. It transcends merely the court; however, it is a problem throughout the legal decision-making system. The efficiency of t:ourts in processing information is just one part of a larger picture of effective communication within the legal system. Phrased broadly, the question involves discerning the optimum man-machine mix in the processing of information. Nobody can reasonably quarrel with the goal of taking the fullest possible advantage of the benefits of emerging technology, as long as objectives of greater importance …
Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii
Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii
Michigan Law Review
A Review of The Fundamentals of Legal Drafting by Reed Dickerson
The Diseases Of Legislative Language, Reed Dickerson
The Diseases Of Legislative Language, Reed Dickerson
Articles by Maurer Faculty
In this article Professor Dickerson examines some of the most basic problems facing the legislative draftsman in his attempt to obtain clarity in statutes. He discusses the "diseases" of ambiguity, over-vagueness, over-precision, over- and under-generality and obesity, and distinguishes them from useful devices with which they are often confused.
Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.
Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.
Michigan Law Review
A Review of Federal Censorship: Obscenity in the Mail. By James C. N. Paul and Murray L. Schwartz.
Murphy: Congress And The Court, Robert B. Mckay
Murphy: Congress And The Court, Robert B. Mckay
Michigan Law Review
A Review of Congress and the Court. By Walter F. Murphy
American Bar Foundation: Model Business Corporation Act Annotated, Norman D. Lattin
American Bar Foundation: Model Business Corporation Act Annotated, Norman D. Lattin
Michigan Law Review
A Review of Model Business Corporation Act Annotated. American Bar Foundation.
Henkin: Arms Control And Inspection In American Law, Eric Stein
Henkin: Arms Control And Inspection In American Law, Eric Stein
Michigan Law Review
A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.
Simes & Taylor: The Improvement Of Conveyancing By Legislation, W. Barton Leach
Simes & Taylor: The Improvement Of Conveyancing By Legislation, W. Barton Leach
Michigan Law Review
A Review of The Improvement of Conveyancing by Legislation. By Lewis M. Simes and Clarence B. Taylor.
The Difficult Choice Between "And" And "Or", Reed Dickerson
The Difficult Choice Between "And" And "Or", Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legislative Drafting In London And In Washington, Reed Dickerson
Legislative Drafting In London And In Washington, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Loss & Cowett: Blue Sky Law, Homer D. Crotty
Loss & Cowett: Blue Sky Law, Homer D. Crotty
Michigan Law Review
A Review of Blue Sky Law. By Louis Loss and Edward W. Cowett.
Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi
Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi
Michigan Law Review
Lawyers everywhere rely upon their books with eagerness and confidence. The larger their libraries, the better equipped they feel to answer the questions of their clients. The composition of an average library differs somewhat in France and in the United States. In this country the law reports, in their familiar, substantial and elegant bindings, are displayed on the prominent shelves, while in Europe, the law reports-often merely paper bound-are relegated to some corner. The front place is reserved for the leather bindings and the gilt letters of the treatises bearing the names of outstanding authors in the various fields of …
Lecht: Experience Under Railway Labor Legislation, Sylvester Petro
Lecht: Experience Under Railway Labor Legislation, Sylvester Petro
Michigan Law Review
A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.
Griffith: Congress - Its Contemporary Role, George Meader
Griffith: Congress - Its Contemporary Role, George Meader
Michigan Law Review
A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.
Legislative Drafting: A Challenge To The Legal Profession, Reed Dickerson
Legislative Drafting: A Challenge To The Legal Profession, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. Legislative Drafting By Reed Dickerson, Frank Edward Horack Jr.
Book Review. Legislative Drafting By Reed Dickerson, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
A Manual For Drafting Federal Legislation, Reed Dickerson
A Manual For Drafting Federal Legislation, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
How To Find And Use Federal Legislative Materials, Robert K. Emerson, Frank L. Fuller Iii
How To Find And Use Federal Legislative Materials, Robert K. Emerson, Frank L. Fuller Iii
West Virginia Law Review
No abstract provided.