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Full-Text Articles in Legal Writing and Research

Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge Oct 2019

Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge

Faculty Scholarship

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as a master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s …


Navigating Introvert Hell, Heidi K. Brown Jul 2019

Navigating Introvert Hell, Heidi K. Brown

Faculty Scholarship

No abstract provided.


When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar Jul 2019

When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar

Faculty Scholarship

No abstract provided.


Brief For Amici Curiae Christopher T. Robertson, Kelly Bergstrand, And D. Alexander Winkelman In Support Of Appellants' Petition For Initial Hearing En Banc, Christopher Robertson, Kelly Bergstrand, D. Alex Winkelman Jun 2019

Brief For Amici Curiae Christopher T. Robertson, Kelly Bergstrand, And D. Alexander Winkelman In Support Of Appellants' Petition For Initial Hearing En Banc, Christopher Robertson, Kelly Bergstrand, D. Alex Winkelman

Faculty Scholarship

Plaintiffs-Appellants have asked the Court to reconsider its decision in SpeechNow.org v. Federal Election Commission, 599 F.3d 686 (D.C. Cir. 2010), which gave rise to so-called Super PACs and similar independent expenditure organizations.3 The Court in SpeechNow recognized that the “appearance of corruption” could justify campaign finance regulation under Supreme Court precedent. Id. at 692. But the Court went on to state that, “[i]n light of the [Supreme] Court’s holding as a matter of law that independent expenditures do not corrupt or create the appearance of quid pro quo corruption, contributions to groups that make only independent expenditures”—like …


Fear And Lawyering, Heidi K. Brown May 2019

Fear And Lawyering, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson Mar 2019

Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson

Faculty Scholarship

Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the …


Face Fear - Don't Fake It, Heidi K. Brown Mar 2019

Face Fear - Don't Fake It, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Everything Old Is New Again, Diane Penneys Edelman Jan 2019

Everything Old Is New Again, Diane Penneys Edelman

Faculty Scholarship

No abstract provided.


Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart Jan 2019

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Faculty Scholarship

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.


Defusing Bullies, Heidi K. Brown Jan 2019

Defusing Bullies, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Slow Lawyering: How Law Practitioners Can Slow Down In A High-Speed World And Why It Matters, Susan Greene Jan 2019

Slow Lawyering: How Law Practitioners Can Slow Down In A High-Speed World And Why It Matters, Susan Greene

Faculty Scholarship

No abstract provided.


Standing In The Line Of Fire: Compulsory Campus Carry Laws And Hostile Speech Environments, Cameron W. Arnold Jan 2019

Standing In The Line Of Fire: Compulsory Campus Carry Laws And Hostile Speech Environments, Cameron W. Arnold

Faculty Scholarship

No abstract provided.


“Unknown Symbols”: Online Legal Research In The Age Of Emoji, Jennifer L. Behrens Jan 2019

“Unknown Symbols”: Online Legal Research In The Age Of Emoji, Jennifer L. Behrens

Faculty Scholarship

Over the last decade, emoji and emoticons have made the leap from text messaging and social media to legal filings, court opinions, and law review articles. However, emoji and emoticons’ growth in popularity has tested the capability of online legal research systems to properly display and retrieve them in search results, posing challenges for future researchers of primary and secondary sources. This article examines current display practices on several of the most popular online legal research services (including Westlaw Edge, Lexis Advance, Bloomberg Law, Fastcase, HeinOnline, and Gale OneFile LegalTrac), and suggests effective workarounds for researchers.


Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens Jan 2019

Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens

Faculty Scholarship

Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.


Mindful Practices Of Law Practices, Susan Greene Jan 2019

Mindful Practices Of Law Practices, Susan Greene

Faculty Scholarship

No abstract provided.


Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo Jan 2019

Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo

Faculty Scholarship

Richard Fallon likely did not plan the publication of this book to coincide with the aftermath of the Kavanaugh hearings or the phrase “Obama judges or Trump judges, Bush judges or Clinton judges.” After all, the author has been writing about legitimacy and the law for over a decade, and this book brings together many of his ideas in previously published law review articles. But the timing could not be better, all the more so for young scholars or those otherwise new to Fallon’s writings who will appreciate an accessible account for why and when Supreme Court decisions merit legitimacy …


We Carry Each Other, Heidi K. Brown Jan 2019

We Carry Each Other, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Justice Kennedy's Prose – Style And Substance, Eric Segall, Eric Berger, Michael C. Dorf, Jamal Greene Jan 2019

Justice Kennedy's Prose – Style And Substance, Eric Segall, Eric Berger, Michael C. Dorf, Jamal Greene

Faculty Scholarship

Supreme Court Justice Anthony Kennedy's retirement in June 2018 sent shockwaves throughout America. After Justice Sandra Day O'Connor left the Court in 2005, Justice Kennedy became the Court's all-important swing vote in virtually every important area of constitutional law. His views on affirmative action, abortion, campaign finance reform, free speech, and the separation of church and state (among many other constitutional issues) were the ones that mattered the most among the Justices. Lawyers prepared arguments and filed briefs in the Supreme Court for the main purpose of persuading Justice Kennedy to rule for their clients. He was, quite simply, the …


Exemplary Legal Writing 2018: Four Recommendations, Jed S. Rakoff, Lev Menand Jan 2019

Exemplary Legal Writing 2018: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

In an age of mass incarceration, it is not so easy to find good in the U.S. criminal justice system. But The Secret Barrister makes you appreciate the better aspects of our system by showing just how dysfunctional the corresponding English system has become. The book — written by an anonymous junior barrister — is a devastating, sometimes hilarious, and frequently heart-breaking account of how the criminal justice system in England and Wales is not only broke financially but broken in its ability to deliver justice, whether to prosecutors, defendants, victims, or the public.


Exemplary Legal Writing 2018: Five Recommendations, Femi Cadmus, Casandra Laskowski Jan 2019

Exemplary Legal Writing 2018: Five Recommendations, Femi Cadmus, Casandra Laskowski

Faculty Scholarship

A brief review of five recommended exemplary legal books published in 2018.


Enough Said: A Proposal For Shortening Supreme Court Opinions, Meg Penrose Oct 2018

Enough Said: A Proposal For Shortening Supreme Court Opinions, Meg Penrose

Faculty Scholarship

The role of the judiciary, Chief Justice Marshall famously advised, is “to say what the law is.” Yet, how often do the justices issue a written opinion that ordinary Americans can understand? The Supreme Court increasingly issues lengthy and complex opinions, often containing multiple concurring and dissenting opinions. These opinions can be as confusing as they are verbose.

“To Say What the Law Is Succinctly: A Brief Proposal,” analyzes the justices’ legal writing. Are the justices effective in saying what the law is? Insufficient attention has been devoted to evaluating the justices’ writing and their efficacy at communicating the law. …


Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar Oct 2018

Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar

Faculty Scholarship

No abstract provided.


Brief Of The Legal Aid Society, Bronx Defenders, Brooklyn Defender Services, Community Service Society Of New York, Center On The Administration Of Criminal Law At New York University School Of Law, Center On Race, Law And Justice At Fordham University Law School, Katal Center For Health, Equity, And Justice, And Brooklyn Community Bail Fund In Support Of Plaintiff-Appellant, Zohra Ahmed, Cynthia Conti-Cook May 2018

Brief Of The Legal Aid Society, Bronx Defenders, Brooklyn Defender Services, Community Service Society Of New York, Center On The Administration Of Criminal Law At New York University School Of Law, Center On Race, Law And Justice At Fordham University Law School, Katal Center For Health, Equity, And Justice, And Brooklyn Community Bail Fund In Support Of Plaintiff-Appellant, Zohra Ahmed, Cynthia Conti-Cook

Faculty Scholarship

In upholding the constitutionality of the officers’ prolonged detention of Mr. Vargas, the lower court inaccurately assumed that Mr. Vargas was labeled a “transit recidivist” by the New York City Police Department (NYPD) as a result of either an open warrant or a prior conviction.3 The amici submit this brief to correct this misconception.4 The NYPD actually labels New York subway riders “transit recidivist” based on a much broader, constitutionally compromised database that includes prior arrests and summons that have been dismissed, declined prosecution or otherwise terminated in favor of the accused.


Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown Jan 2018

Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown

Faculty Scholarship

No abstract provided.


The Continuing Duty In Reality: A Preliminary Empirical Look, David M. Siegel, Tigran W. Eldred Jan 2018

The Continuing Duty In Reality: A Preliminary Empirical Look, David M. Siegel, Tigran W. Eldred

Faculty Scholarship

The continuing duty of criminal defense counsel to their former clients, even when those former clients bring post-conviction actions alleging ineffective assistance of counsel, has existed as a national practice standard in capital cases since at least 1987. In addition to its inclusion in the ABA’s Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases since 1989, duties to former clients exist in state ethics rules as well as the ABA Model Rules of Professional Conduct. The duty has been further operationalized in non-capital litigation through a 2010 ABA formal ethics opinion concerning disclosures by trial counsel …


Narrative Topoi In The Digital Age, Zahr K. Said, Jessica Silbey Jan 2018

Narrative Topoi In The Digital Age, Zahr K. Said, Jessica Silbey

Faculty Scholarship

Decades of thoughtful law and humanities scholarship have made the case for using humanistic texts and methods in the legal classroom. We build on that scholarship by identifying and describing three “narrative topoi” of the twenty-first century – podcasts, twitter and fake news. We use the term “topos” (from the Greek meaning “place”) and its plural, “topoi,” to mean “a literary commonplace” and “general setting for discussion” in the context of literary forms. Like an identifiable genre, narrative topoi are familiar story paths for audiences to travel. These narrative topoi live in contemporary popular culture and are products of digital …


Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann Jan 2018

Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann

Faculty Scholarship

Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …


Breaking Bad Briefs, Heidi K. Brown Apr 2017

Breaking Bad Briefs, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page Jan 2017

Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.


Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus Jan 2017

Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus

Faculty Scholarship

A brief review of five recommended exemplary legal books published in 2017.