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Articles 31 - 58 of 58

Full-Text Articles in Legal Writing and Research

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Jan 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Faculty Scholarship

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner Jan 2014

Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner

Faculty Scholarship

Robert C. Berring has called West Publishing Company’s American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West’s digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring’s scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were …


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

Oh, The Treatise!, Richard A. Danner

Faculty Scholarship

This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins …


The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman Jan 2013

The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman

Faculty Scholarship

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …


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

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

Faculty 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.


Keeping Up With New Legal Titles, Alex Xiaomeng Zhang Jan 2012

Keeping Up With New Legal Titles, Alex Xiaomeng Zhang

Faculty Scholarship

No abstract provided.


Open Access To Legal Scholarship: Dropping The Barriers To Discourse And Dialogue, Richard A. Danner Jan 2012

Open Access To Legal Scholarship: Dropping The Barriers To Discourse And Dialogue, Richard A. Danner

Faculty Scholarship

This article focuses on the importance of free and open access to legal scholarship and commentary on the law. It argues that full understanding of authoritative legal texts requires access to informed commentary as well as to the texts of the law themselves, and that free and open access to legal commentary will facilitate cross-border dialogue and foster international discourse in law. The paper discusses the obligations of scholars and publishers of legal commentary to make their work as widely accessible as possible. Examples of institutional and disciplinary repositories for legal scholarship are presented, as are the possible impacts of …


Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro Jan 2012

Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro

Faculty Scholarship

As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an …


The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller Jan 2011

The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship, drafted by a group of academic law library directors, was promulgated in February 2009. It calls for two things: (1) open access publication of law school–published journals; and (2) an end to print publication of law journals, coupled with a commitment to keeping the electronic versions available in “stable, open, digital formats.” The two years since the Statement was issued have seen increased publication of law journals in openly available electronic formats, but little movement toward all-electronic publication. This article discusses the issues raised by the Durham Statement, the current state …


Print Or Perish? Authors’ Attitudes Toward Electronic-Only Publication Of Law Journals, Richard A. Danner, Kiril Kolev, Marguerite Most Jan 2011

Print Or Perish? Authors’ Attitudes Toward Electronic-Only Publication Of Law Journals, Richard A. Danner, Kiril Kolev, Marguerite Most

Faculty Scholarship

An increasing number of U.S. law journals post at least current issues in freely accessible PDF and (in some cases) HTML formats on their web sites. Yet, perhaps without exception, the journals that make their articles freely available on their websites also continue to publish print issues in the face of declining subscription numbers, and law libraries' growing disinterest in collecting and preserving journals in print. As universities reduce staff, freeze open positions, eliminate salary increases, and cut library budgets, why have law schools continued to subsidize print publication of journals that are accessible in electronic formats? Among the reasons …


The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington Jan 2011

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Faculty Scholarship

During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …


Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner Jan 2011

Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner

Faculty Scholarship

Many law librarians are experts in international law and legal research. The concept of ‘international law librarianship’, however, encompasses something more than a field of study in which a group of experts practise their profession. In the broader sense, the idea suggests a common calling, similar interests, and goals shared by librarians with a range of specialties beyond international law, working in all types of law libraries. What commonalities create and sustain the concept of international law librarianship? This paper suggests that they can be found in: law librarians’ common need to respond to the ‘multiplicity’ of information sources facing …


Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro Jan 2010

Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro

Faculty Scholarship

No abstract provided.


The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner Jan 2010

The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship calls for US law schools to stop publishing their journals in print format and to rely instead on electronic publication with a commitment to keep the electronic versions available in “stable, open, digital formats.” The Statement asks for two things: 1) open access publication of law school-published journals; and 2) an end to print publication of law journals. This paper was written as background for a July 2010 American Association of Law Libraries conference program on the preservation implications of the call to end print publication.


Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens Jan 2010

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.


A Jag In La La Land, Charles J. Dunlap Jr. Jan 2009

A Jag In La La Land, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Reasons To Write, Charles J. Dunlap Jr. Jan 2009

Reasons To Write, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


What Do Federal District Judges Want?: An Analysis Of Publications, Citations, And Reversals, Mitu Gulati, Stephen J. Choi, Eric A. Posner Jan 2009

What Do Federal District Judges Want?: An Analysis Of Publications, Citations, And Reversals, Mitu Gulati, Stephen J. Choi, Eric A. Posner

Faculty Scholarship

We report evidence from a dataset of federal district judges from 2001 to 2002 that district judges adjust their opinion-writing practices to minimize their workload while maximizing their reputation and chance for elevation to a higher court. District judges in circuits with politically uniform circuit judges are better able to predict what opinions will get affirmed by the circuit court, leading to higher publication rates and a higher affirmance rate. In contrast, district judges in circuits with politically diverse circuit judges are less able to predict the preferences of the reviewing circuit court panel, leading district judges to publish fewer …


Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins Jan 2008

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

Faculty Scholarship

No abstract provided.


Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman Jan 2008

Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman

Faculty Scholarship

No abstract provided.


About Facebook - Change At The Social-Networking Juggernaut Creates New Opportunities For Law Library Outreach, Jennifer L. Behrens Jan 2008

About Facebook - Change At The Social-Networking Juggernaut Creates New Opportunities For Law Library Outreach, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.


Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat Jan 2007

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …


Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins Jan 2007

Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins

Faculty Scholarship

No abstract provided.


Judicial Triage: Reflections On The Debate Over Unpublished Opinions, Mitu Gulati, David C. Vladeck Jan 2005

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, Mitu Gulati, David C. Vladeck

Faculty Scholarship

No abstract provided.


An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain Jan 1986

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Faculty Scholarship

No abstract provided.


Further Observations About The Survey Of Foreign And International Law Collections In Selected United States Law Libraries: 1972-1973, Igor I. Kavass Jan 1974

Further Observations About The Survey Of Foreign And International Law Collections In Selected United States Law Libraries: 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.


Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass Jan 1973

Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.


Book Review, Robinson O. Everett Jan 1967

Book Review, Robinson O. Everett

Faculty Scholarship

Reviewing, Edward D. Re, Brief Writing and Oral Argument (3d ed. 1965)