Legal Writing and Research Commons^™

The Pennsylvania Bar Association Quarterly: A 10-Year History Volumes 87-96 (2016-2025), Joel Fishman

Law Faculty Publications

This article is the second supplement to my previous two articles covering the history of The Pennsylvania Bar Association Quarterly.² For the period of this article, Robert E. Rains, Professor Emeritus, Penn State Dickinson Law, has been the editor, replacing Professor Louis Del Duca, who had served as editor for an amazing 47 years. The January 2016 issue appropriately began with two articles in homage to Prof. Del Duca.³

Law Library Collection Development In The Time Of Genai, Dana Neacsu

Law Faculty Publications

Collection development remains at the core of the library’s mission within each institutional framework. All law libraries, including those serving law schools, law firms, or governmental entities support legal research, and generative AI (GenAI) has revolutionized the interaction between librarian and the sources of legal research.

Hampton L. Carson (1852-1929): Attorney General, Bar Leader, Writer And Collector, Joel Fishman

Law Faculty Publications

Hampton L. Carson (1852-1929) was a law professor, Pennsylvania Attorney General, President of the American, Pennsylvania and Philadelphia Bar Associations, noted orator and prolific writer of legal history and biography, and collector of the largest Anglo-American law books and manuscripts. This article will review his life and work.

The Persistent Treatise, Dana Neacsu, Paul Douglas Callister

Law Faculty Publications

The legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert’s Court in Dobbs v. Jackson Women’s Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in …

Bibliography Of Family Law Publications Of The Pennsylvania Bar Institute (1971-2023), Joel Fishman

Law Faculty Publications

As practicing members of the bench and bar, readers of this article know of the publications of the Pennsylvania Bar Institute (PBI) that began in 1968 to published Continuing Legal Education programs. The following is a listing of the family-law CLE publications from 1971 through 2023. The listing is partly drawn from a short-title printed list of PBI publications listed chronologically from 1968 to 1998 (1-2192) that the author obtained many years ago and now number over 11,000 publications. Not every title can be found in the law library catalogs and so some titles are listed according to the titles …

Bibliography Of The Writings Of The Justices Of The Supreme Court Of Pennsylvania, Joel Fishman, Lori Hagen, Elizabeth Post

Law Faculty Publications

The Supreme Court of Pennsylvania is the oldest state appellate court in the country dating itself back to 1684 when William Penn introduced the Provincial Court as a court to hear appeals from the justices of the peace of the three counties that comprised Pennsylvania. The early court was not called a supreme court until an act 1712 that was disallowed by the Privy Council in England. It was not until 1722 that the legislation enacting a Supreme Court was overlooked by the Privy Council for several years that finally became the act establishing the court for the remaining period …

Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.

Law Faculty Publications

This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …

An Underestimated Showcase Of Student Scholarship: Law School Institutional Repositories, Dajiang Nie

Duquesne Law Review

Law schools have been using institutional repositories as a showcase for law journals and faculty scholarly achievements for a long time, but law school institutional repositories fail to collect student scholarship regularly. Aspects of law school institutional repositories make no sense when directly benefiting both students and law schools and failing to display student scholarship. This Article examines student scholarship in law school institutional repositories, analyzing its current status, advantages, and keys to success. The Article shows that law school institutional repositories underappreciate student scholarship, and the content of student repositories also lacks diversity. This approach impairs the positive impacts …

Addressing Employers' Citation Systems Confusion, Maria Comas, Jan M. Levine

Law Faculty Publications

No abstract provided.

Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu

Law Faculty Publications

We examine the libraries' roles within the "epistemic foundation of society.” Our analysis is in response to the omission of Yale Law Dean Gerken of the role of libraries in her recent article about legal education's new focus and to remarks by AALS President Vicki Jackson that suggest an uncertain role for libraries. We have adapted holistic ecological media theory, as developed by Ronald Deibert, to reject a technologically deterministic view of libraries as having no future. We have considered the role of law libraries in the social epistemology or cognitive authority of the legal community, the role of law …

Creating A Biographical Dictionary Of The Justices Of The Supreme Court Of Pennsylvania: A Bibliographical Essay, Joel Fishman

Law Faculty Publications

As a student of Pennsylvania legal history, one of my goals is to create a website on the history of the Pennsylvania judiciary. In submitting a proposal to the Pennsylvania Supreme Court, the Court and the Court Administrator approved the creation of a biographical dictionary of the Court's judiciary. The Supreme Court dates itself back to 1684 when William Penn created a Provincial Court to hear appeals from the county justices of the peace (act 158 of 1684). There are approximately 165 justices dating from 1684 to the present. Following the information provided on the court's current website (www.pacourts.us), my …

Bibliography Of The Writings (1976-2017) Of Robert Raphael, Joel Fishman

Law Faculty Publications

The following bibliography is based on the card catalogs of the Allegheny County and Jenkins Law Libraries as well as the collection located in the first library. Robert Raphael (1922-2019) was born in New York City, but spent his whole life in Pittsburgh, PA. He is known by his colleagues as the “father of divorce law” along with Albert Momjian in creating the Divorce Code of 1980.

Bibliography Of The Writings (1979-2019) Of Lynne Z. Gold-Bikin, Joel Fishman

Law Faculty Publications

Lynne Z. Gold-Bikin (1938-2019) was a major family law practitioner in Pennsylvania for the last 40 years. Members of the section paid tribute to her in the October 2018 issue of the Pennsylvania Family Lawyer as did Judge Daniel Clifford who gave a Memorial Minute published in the Spring 2019 issue of the Pennsylvania Family Lawyer from which the following is summarized.

Goodrich-Amram: Who Were They?, Joel Fishman

Law Faculty Publications

Generations of Pennsylvania judges and lawyers have used Goodrich-Amram Procedural Rules with Forms as a major treatise on the Pennsylvania Rules of Civil Procedure. The authors wrote the first edition beginning in 1940 as Pennsylvania Procedural Rules Service, with Forms: Civil Practice Under the Pennsylvania Rules of Civil Procedure, published by Matthew Bender and Lawyers Co-operative Publishing Company. There were four volumes with updates published as pamphlets refilling the volumes as needed. Two additional publications were A 1963 Supplement to the Rules Binder (binder) and a September 1977 pamphlet to the Rules Binder.2 In 1976, a …

Supreme Court Review (1960-2009): A Bibliometrical Study, Joel Fishman

Law Faculty Publications

Supreme Court Review is a faculty-edited legal periodical published by the University of Chicago Law School. This periodical is a highly read and cited law review in law, history and political science. This article applies bibliometrics to a study of the 438 articles that are published in the periodical over a 50-year period. It is analysis of the number of articles by volume, pages, footnotes, authorship by sex, by individual, by institution, and most-cited articles.

Capital Lawyering & Legislative Clinic, Rex D. Frazier

Duquesne Law Review

This article outlines an approach for teaching law students about advocacy beyond the judicial branch, with particular emphasis on legislative advocacy. Given the long and well-documented shift away from the judicial branch as the primary source of original public law, it is critical to teach law students that legislative advocacy is more than just an "alternative"o r "non-traditional" legal career option and, instead, is one which regularly involves "real lawyering." Just as law students learn practical trial skills through moot court, shouldn't they learn practical legislative advocacy skills through simulated legislative hearings? Further, can law students move beyond traditional approaches …

Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules: Pedagogy, Practice, And Politics, Jan M. Levine

Duquesne Law Review

No abstract provided.

Teaching The Art And Craft Of Drafting Public Law: Statutes, Rules, And More, J. Lyn Entrikin, Richard K. Neumann Jr.

Duquesne Law Review

For centuries, lawyers have been notorious for long-winded writing filled with legalese, hyper-technical expression, and convoluted sentence structure. Legal writing in memos and briefs has been characterized as wordy, unclear, pompous, and just plain dull. Legal drafting, defined as the specialized skill of creating legal rules, is even more fraught with problems. In particular, no standardized, consistently used methodology exists in the United States for drafting federal and state statutes, agency regulations, and court rules.

In 1954, the late Professor Reed Dickerson observed, "It would be hard to exaggerate the importance of knowing how to prepare an adequate legal instrument. …

Experiential Learning And Assessment In The Era Of Donald Trump, Jamie R. Abrams

Duquesne Law Review

Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and listserv activity to prepare to implement these standards effectively. Missing from the dialogue about effective implementation of standards has been thoughtful consideration of how implementing these requirements will intersect with the challenges, realities, opportunities, and complexities of political divisiveness and polarization so prevalent in society and university campuses today.

Law schools are notably implementing these pedagogical …

Writing The Law: Developing The 'Citizen Lawyer' Identity Through Legislative, Statutory, And Rule Drafting Courses, Ann L. Schiavone

Duquesne Law Review

At the time of the American Founding, Thomas Jefferson, among others, viewed lawyers as the class of citizens most suited to lead the American institutions of government, as well as preserve and protect them. Jefferson valued the ideal of the "Citizen Lawyer" who would have a broad liberal education, experiential learning, and be capable of using knowledge of the law to promote the public good.

In more recent years, American law schools have been criticized for failing to achieve many of these goals first envisioned by Jefferson. Particularly, law schools have often failed to promote strong public service identities in …

Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich

Duquesne Law Review

This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools to …

A Law And Economics Critique Of The Law Review System, Timothy T. Lau

Duquesne Law Review

The law review system prizes placement of articles in highlyranked journals, and the optimum method to ensure the best placement, which many scholars have intuited, is a saturation submission strategy of submitting articles to as many journals as possible. However, there has neither been an explanation as to what incentivizes this submission strategy nor any analysis as to what happens to scholars who cannot afford this strategy. This article uses a law and economics approach to study the incentive structures of the law review system, and identifies two features of the system that encourage saturation submission and punishes the poorly-resourced: …

Judge Lawrence W. Kaplan And His Court Cases In Family Division, Court Of Common Pleas Of Allegheny County (1980-1990), Joel Fishman

Law Faculty Publications

In the last issue of the Pennsylvania Family Lawyer, I compiled a list of family law cases decided by Judge R. Stanton Wettick, Jr. for the decade of the 1980s when the Divorce Code was first introduced into the Commonwealth. The local court was a leader in deciding cases that set forth many of the principles that the appellate courts adopted as new law developed. In this article, I present the cases of Judge Lawrence Kaplan who served his entire judicial career in the Allegheny Court of Common Pleas from June 30, 1978 until his retirement on Augst 12, 1998 …

Third Circuit Court Reports (1789-1879), Joel Fishman

Law Faculty Publications

The history of court reporting of the federal lower judiciary dates from the early days of the Republic. Mr. Fishman helps to document that history by reviewing the publication of the reports for the Third Circuit ( circuit and district courts) covering the nominative reports from the late-eighteenth to the late-nineteenth century, before their republication in Federal Cases by West Publishing Company. A bibliography is appended.

Understanding The Tethered Generation: Next Gens Come To Law School, Mary Ann Becker

Duquesne Law Review

No abstract provided.

Fourth Colonial Frontier Legal Writing Conference: Teaching The Academically Underprepared Law Student [Foreword], Jan M. Levine

Duquesne Law Review

No abstract provided.

Foreward, Kirsha Trychta

Duquesne Law Review

No abstract provided.

Changing Gears To Meet The "New Normal" In Legal Education, Courtney G. Lee

Duquesne Law Review

No abstract provided.

Do Med Schools Do It Better?: Improving Law School Admissions By Adopting A Medical School Admissions Model, Rebecca C. Flanagan

Duquesne Law Review

No abstract provided.

Are We There Yet?: Aligning The Expectations And Realities Of Gaining Competency In Legal Writing, Sherri Lee Keene

Duquesne Law Review

No abstract provided.