Legal Writing and Research Commons^™

Of Moby Dick And Tartar Sauce: The Academically Underprepared Law Student And The Curse Of Overconfidence, Ruth Vance, Susan Stuart

Duquesne Law Review

No abstract provided.

Eye Of The Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students, Catherine Christopher

Duquesne Law Review

When individuals belong to a group about which there is a negative stereotype, their fear of confirming that stereotype will often suppress their performance ability. This phenomenon is known as "stereotype threat," and it has been documented with regard to gender, race, age, social class, athletic ability, and any number of other classifications, so long as a negative stereotype exists about that group.

Law students with low grade point averages (GPAs) are at greater risk than their higher-GPA peers of failing the bar exam, and they know it. Left unchecked, the pressure of this correlation the stereotype threat-may itself depress …

Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown

Duquesne Law Review

No abstract provided.

The Cure For The Distracted Mind: Why Law Schools Should Teach Mindfulness, Shailini Jandial George

Duquesne Law Review

No abstract provided.

Drawing Inspiration From The Flipped Classroom Model: An Integrated Approach To Academic Support For The Academically Underprepared Law Student, Susan D. Landrum

Duquesne Law Review

No abstract provided.

John William Wallace (February 17, 1815-January 12, 1884): An Appreciation Upon The Two Hundredth Anniversary Of His Birth, Joel Fishman

Law Faculty Publications

In 2015 we celebrated the two hundredth anniversary of the birth of John William Wallace-librarian, court reporter, historian-who was born February 17, 1815 in Philadelphia and died on January 12, 1884. Known mostly as a reporter for the U.S. Supreme Court, this short biography tries to expand on some of the other accomplishments of his life. He was the son of John Bradford Wallace and Susan Binney, sister of the eminent Philadelphia lawyer, Horace Binney and descendant of the two famous printers in Pennsylvania, two William Bradfords in colonial Pennsylvania. Wallace studied law in his father's office and John Sergeant. …

Designing Spaces: Planning The Physical Space For A Legal Writing Program, Jan M. Levine

Law Faculty Publications

No abstract provided.

Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine

Law Faculty Publications

For more than two decades, at three law schools, I have been teaching an advanced legal writing course that builds upon the foundation created in the first-year writing courses and introduces students to new drafting skills, focusing on statutes and statutory drafting. The final project in the course requires students to solve a personally-identified legal or quasi-legal problem by drafting a report and a statute, ordinance, regulation, procedural rule, or a similar solution.

The Many Texts Of The Law, Michael Davis, Dana Neacsu

Law Faculty Publications

This paper contends that even as jurists invoke the official canonic version of the legal text, it is in danger of being replaced for the jurist, as well as for the lay person, if it has not been substituted already, by some apocryphal, inauthentic or casual text. We argue that in addition to the approximate nature of legal knowledge, the overuse of overedited and perverted casebooks, as well as the distribution of legal information among imperfect sources – some official but partial, others inauthentic but highly accessible, and a few reliable but highly unaffordable commercial sources – are largely responsible …

The George T. Bisel Company And Its Publications (1875-2011), Joel Fishman

Law Faculty Publications

Research in the area of law book publishing is an open field of study. Michael Hoeflich's Antebellum Law Book Publishing (2010) is a model work on the rise of the law book industry in the first half of the nineteenth century. Philadelphia served as a major city for law book publishing throughout the eighteenth and nineteenth centuries as reflected in Morris Cohen's Bibliography of Early American Law (BEAL).

Index To The Journal Of Supreme Court History Volumes 1-35 (1976-2010), Joel Fishman

Law Faculty Publications

No abstract provided.

The Pennsylvania Law Record (1879-1880), Joel Fishman

Law Faculty Publications

The Pennsylvania Law Record is another short-lived legal periodical/ newspaper published in Philadelphia for slightly over a year between June 3, 1879 and June 29, 1880.

Celebrating 600 Volumes Of The Pennsylvania State Reports: The Official Reports Of The Supreme Court Of Pennsylvania (1845-2009), Joel Fishman

Law Faculty Publications

During the first week of November 2009, Volume 600 of the Pennsylvania State Reports was published, 165 years following the publication of the first volume in 1845.

Before They Even Start: Hope And Incoming 1ls, Barbara J. Brunner

Duquesne Law Review

No abstract provided.

Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin Mika

Duquesne Law Review

No abstract provided.

Another Early Pennsylvania Legal Periodical: Journal Of Jurisprudence (1821), Joel Fishman

Law Faculty Publications

In 1821, John Hall published the Journal of Jurisprudence, "a new series of The American Law Journal." It is sometimes cited under the former title or as volume seven of the American Law Journal^l that was the first law periodical published in the United States. The new volume had 542 pages, divided into three issues of 136, 136, and 270 pages. Mathew Carey & Son, one of the leading Philadelphia printers of early, nineteenth-century Philadelphia,² was the printer of the Journal. In antebellum Pennsylvania, Philadelphia served as a major printing center,³ hosting a number of …

Coke, Selden, Hale And The Oxford English Dictionary, Joel Fishman

Law Faculty Publications

Most readers will of course recognize the names of Edward Coke, John Selden and Matthew Hale as three of the most important judges/lawyers of the seventeenth-century England. Coke is widely known for his role as Chief Justice of King's Bench in the reign of James I and opposition leader in Parliament to Charles I as well as the author of Coke's Reports and the Institutes of the Lawes of England (4 vols. 1628-1644). John Selden was the major legal historian of his age and also a member of the 1628 parliament (and for whom the Selden Society is named after). …

The Court Reporters Of The Supreme Court Of Pennsylvania, Joel Fishman

Law Faculty Publications

Traditionally, appellate courts in all states have published the reports of the highest and intermediate courts.¹ In recent years legal historians have written on the history of court reporting and court reports.² Many famous judges and lawyers throughout the country gained important reputations for their reporting. As court reports became more commonplace, however, the review of these reports lessened. Throughout the nineteenth century the development of court reports received attention from the legal community through reviews in many of the leading periodicals of the day. By 1900, few individual state reports were reviewed in the periodical literature. Reports …

A Failed Legal Periodical/Newspaper Of Mid-Nineteenth Century Pennsylvania: Olwine's Law Journal (December 29, 1849 To May 18, 1850), Joel Fishman

Law Faculty Publications

In reviewing the history of Pennsylvania legal periodicals, Olwine's Law Journal has one of the shortest publishing histories covering less than five months from late December 1849 to mid- May 1850.¹ The newspaper was published weekly on Saturday in quarto size, in twenty-one issues over the six-month period. Each issue consisted of eight pages, consecutively paginated, with 168 pages in the entire publication. Isaac Wayne Olwine (1827?- 1863) was the editor of the newspaper and served as Deputy Prothonotary of the Court of Common Pleas of Philadelphia County, whose father Anthony was prothonotary at the time.

An Early Pennsylvania Legal Periodical Journal Of Law, 1830-31, Joel Fishman

Law Faculty Publications

There has been much written on the history of legal periodicals, especially academic law reviews, but the early history of legal periodicals in the United States has only received cursorily review in two older articles.¹ Frederick Hicks lists forty-eight periodicals published in antebellum America, of which twelve were published in Pennsylvania, four before 1831, including no. 1 (American Law Journal, 1808-12), no. 6 (Journal of Jurisprudence, 1821), no. 11 (United States Law and Legal Intelligence, 1829-31) and no. 14 ( Journal of Law, 1830-31).² This article will review this last periodical …

The Harvard Law School Notebooks (1939-1942) Of George Means Heinitsh, Jr., Joel Fishman

Law Faculty Publications

In the mid-1980s, the Allegheny County Law Library received the Harvard Law School student notebooks of the deceased attorney George M. Heinitsh, Jr. from his daughter. I had never received a donation like this before and thought it might be worth keeping because of the Harvard connection and the total amount of books (27).

Citators Of Pennsylvania, Joel Fishman

Law Faculty Publications

Legal literature consists of a variety of secondary sources that assist the researcher in interpreting primary sources. Citators provide a useful tool for researchers needing to find citations to cases, statutes, and other primary sources.¹ Lawyers are of course familiar with Shepard's citators for almost one hundred years now. But Shepard's did not always dominate the legal field until after the first decades of the twentieth century.² But it was not until the end of the first quarter of this century that Shepard's citators gained dominance in Pennsylvania. With over 1,100 volumes of appellate court cases and 1,000 …

Index To The American Journal Of Legal History Volumes 1-48 (1957-2006), Joel Fishman

Law Faculty Publications

This index is an update of the original index published as Index to the American Journal of Legal History Volumes 1-42 (1957-1998) published in 43 AM. J. LEGAL HIST. 353-506 (1999), published in 2001. Now I have updated the index to include the next four volumes.

Celebrating A Diamond Anniversary: Pennsylvania Bar Association Quarterly Volumes 1-74 (1929-2003): A History, Joel Fishman

Law Faculty Publications

In celebrating the seventy-fifth year anniversary of the Pennsylvania Bar Association Quarterly, a description and some commentary upon this leading periodical of the state bar association deserve attention.¹ The Quarterly’s publication history is fairly straightforward. The first issue was published in June 1929. In the first ten years, issues were numbered from one to forty until June 1939 and so for bibliographical purposes, volumes are not included in the citations.2 Beginning in 1939-40, the volume number (11 ) was added. In the first four years the Quarterly was published in June, September, December, and March and changed to …

Advocacy As History? That Takes The Prize! Gulag: A History [Book Review], Dana Neacsu

Law Faculty Publications

Gulag: A History, the recipient of the 2004 Pulitzer Prize for general non-fiction, may be particularly well received by lawyers and law students because they can appreciate author Anne Applebaum's writing skills. Gulag reads like a lawyer's product: a conclusion replete with facts and arguments. Those who enjoy perfecting their legal skills while reading for pleasure should read this review. Gulag is, in essence, a successful legal brief.

The Digests Of Pennsylvania, Joel Fishman

Law Faculty Publications

Published case law in Pennsylvania dates from the colonial period and constitutes one of the largest collections of court decisions in American law. Digests have long stood as an important tool for those conducting research in this material, with the first appearing not long after the cases themselves. Mr. Fishman helps to document the history of Pennsylvania digests by reviewing their publication, beginning with the early nineteenth century to the present. A bibliography is appended.

History Of The Court Reporter In The Appellate Courts Of Pennsylvania, Joel Fishman

Law Faculty Publications

States have traditionally published the decisions of their intermediate and highest courts.¹ Legal historians, in recent years, have written extensively on the history of court reporting and court reports.² These historical accounts have revealed that many famous judges and lawyers throughout the country gained prominent reputations stemming from the publishing of their decisions.³ In the "nineteenth century, the development of court reports received attention from the legal community through reviews in many of the leading periodicals of the day."⁴ By 1900, however, the periodical literature contained only a small number of reviews of individual state reports. …

The Reports Of The Supreme Court Of Pennsylvania, Joel Fishman

Law Faculty Publications

The history of court reporting in Pennsylvania dates from the early days of the Republic and the establishment of Pennsylvania as a Commonwealth. Mr. Fishman helps to document that history by reviewing the publication of the reports of the Supreme Court of Pennsylvania from the early nominative reports of the mid-eighteenth century to the present. A bibliography is appended.

The History Of Statutory Compilations In Pennsylvania, Joel Fishman

Law Faculty Publications

Pennsylvania was the last state in the country to codify its statutes. Mr. Fishman reviews the various editions of unofficial compilations of Pennsylvania laws that have been published from the early eighteenth century to the present. A bibliography is appended.

Catalogue Of Modem Law Books, 1855, Joel Fishman

Law Faculty Publications

In his recent work on A History of American Law Publishing (1990), Professor Erwin Surrency emphasized the need to learn more about how lawyers purchased books in nineteenth-century America, especially since few book catalogs have survived to the present day.¹ A random searching of older periodicals located in my library drew my attention to the "Catalogue of Modem Law-Books," consisting of three parts.