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Legal Writing and Research Commons

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2023

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Articles 1 - 30 of 85

Full-Text Articles in Legal Writing and Research

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar Dec 2023

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.


Closing The Feedback Gap: Reflections As Diagnostic Resource, Jaclyn Celebrezze Dec 2023

Closing The Feedback Gap: Reflections As Diagnostic Resource, Jaclyn Celebrezze

Presentations

Providing students with helpful, actionable feedback is a perennial challenge. This presentation identifies an additional data source for instructors when drafting feedback: digital student reflections. This process has a dual benefit for both instructors and students. For instructors, digitized reflections unlock an understanding of why a student drafted a certain way, minimizing guesswork and ensuring more targeted feedback. For students, this process directs the instructor’s gaze to a concrete concern or discomfort for immediate response. While not a solution for all feedback problems, digitizing student reflections allows instructors and students to work together to close the gap.


Law Library Blog (December 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2023

Law Library Blog (December 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Feedback Loops: More Valuable Than Money, Patrick Barry Dec 2023

Feedback Loops: More Valuable Than Money, Patrick Barry

Articles

In an essay called "Secrets of Positive Feedback,” Douglas Conant, the former CEO of Campbell Soup Company, shares a key element of the leadership style that helped him resurrect Campbell’s from financial ruin in 2001 and turn it into both a highly profitable business by the time he stepped down in 2011 and an award-winning, much more inclusive workplace: During his ten years at the helm, he wrote more than 30,000 thank-you notes to his employees and customers.


Duncan Alford, Setting The Bar For Collegiality And Professionalism, Caroline L. Osborne Dec 2023

Duncan Alford, Setting The Bar For Collegiality And Professionalism, Caroline L. Osborne

Law Faculty Scholarship

Duncan E. Alford (1963 – 2023), lawyer, librarian, scholar, colleague. This essay documents the significant contributions our colleague, Duncan E. Alford, University of South Carolina School of Law made to his profession. Professor Alford’s is remembered for his significant contributions.


The Unreasonable Effectiveness Of Large Language Models In Zero-Shot Semantic Annotation Of Legal Texts, Jaromir Savelka, Kevin D. Ashley Nov 2023

The Unreasonable Effectiveness Of Large Language Models In Zero-Shot Semantic Annotation Of Legal Texts, Jaromir Savelka, Kevin D. Ashley

Articles

The emergence of ChatGPT has sensitized the general public, including the legal profession, to large language models' (LLMs) potential uses (e.g., document drafting, question answering, and summarization). Although recent studies have shown how well the technology performs in diverse semantic annotation tasks focused on legal texts, an influx of newer, more capable (GPT-4) or cost-effective (GPT-3.5-turbo) models requires another analysis. This paper addresses recent developments in the ability of LLMs to semantically annotate legal texts in zero-shot learning settings. Given the transition to mature generative AI systems, we examine the performance of GPT-4 and GPT-3.5-turbo(-16k), comparing it to the previous …


Law Library Blog (November 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2023

Law Library Blog (November 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The 80/20 Rule For Legal Research, Olivia R. Smith Schlink Oct 2023

The 80/20 Rule For Legal Research, Olivia R. Smith Schlink

Library Staff Online Publications

A few semesters ago I was discussing the value of secondary sources with a student when they paused to think, then described secondary sources as “kind of like the 80/20 Rule, but different.” I’d never heard of the 80/20 Rule, but I jotted it down onto a Post-It note to look into later. Fast-forward to today and I now introduce my students to what I’ve dubbed “the 80/20 Rule for Legal Research” in all classes about secondary sources.


Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker Oct 2023

Revisiting Immigration Exceptionalism In Administrative Law, Christopher J. Walker

Reviews

With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in …


Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini Oct 2023

Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini

Featured Student Work

This paper conducts an analysis of the intersection between Blockchain Technology and Intellectual Property Law, with a specific focus on Trademark Law in the United States. It explores the potential utilization of Blockchain Technology to enhance the efficiency and accessibility of prosecution, maintenance, and enforcement processes for attorneys, applicants, and registrants. Additionally, the paper examines areas within the Lanham Act that could benefit from updates to promote the adoption of Blockchain Technology in trademark-related procedures.


Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li Sep 2023

Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li

All Papers

The advent of large language models (LLMs) and their adoption by the legal community has given rise to the question: what types of legal reasoning can LLMs perform? To enable greater study of this question, we present LegalBench: a collaboratively constructed legal reasoning benchmark consisting of 162 tasks covering six different types of legal reasoning. LegalBench was built through an interdisciplinary process, in which we collected tasks designed and hand-crafted by legal professionals. Because these subject matter experts took a leading role in construction, tasks either measure legal reasoning capabilities that are practically useful, or measure reasoning skills that lawyers …


The Role Of U.S. Government Regulatioms, Bert Chapman Sep 2023

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.


Law Library Blog (September 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2023

Law Library Blog (September 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams Sep 2023

Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams

Faculty Publications

No abstract provided.


Roger Williams University School Of Law Library Researchfest 8-30-2023, Roger Williams University School Of Law Aug 2023

Roger Williams University School Of Law Library Researchfest 8-30-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Meet Our New Faculty: Valena Beety, James Owsley Boyd Aug 2023

Meet Our New Faculty: Valena Beety, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

You’ve read about some of the amazing students we have starting with us next week. Now we’ll introduce you to some of the new faculty who have joined us over the summer. First up is Valena Beety, the Robert H. McKinney Professor of Law. Prof. Beety was most recently Professor of Law and Deputy Director of the Academy for Justice at theArizona State University Sandra Day O’Connor College of Law.


Book Bans, Academic Freedom, And The Academic Law Library: Reflections On An Aall Discussion Den, Olivia R. Smith Schlink Aug 2023

Book Bans, Academic Freedom, And The Academic Law Library: Reflections On An Aall Discussion Den, Olivia R. Smith Schlink

Library Staff Online Publications

Discussion Dens are consistently among my favorite programs at the AALL Annual Meeting, and Leslie Street’s Book Bans, Academic Freedom, and the Academic Law Library discussion was truly a highlight of AALL 2023. Street approached this difficult and ever-evolving issue with expertise, passion, and open-mindedness, guiding the group to consider: what can law librarians do to support our colleagues in states facing books bans on diversity, equity, and inclusion (DEI) bases?


W&L Law Library Annual Report 2022-2023, The Law Library At Washington And Lee University School Of Law Aug 2023

W&L Law Library Annual Report 2022-2023, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.


Law Library Blog (August 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2023

Law Library Blog (August 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Feedback Loops: Appreciators, Coaches, & Evaluators, Patrick Barry Aug 2023

Feedback Loops: Appreciators, Coaches, & Evaluators, Patrick Barry

Articles

No individual person is likely to be able to satisfy all of our feedback needs. Which is why I tell my students to assemble a “Feedback Board of Directors.” Focus in particular, I tell them, on recruiting people who can collectively provide what Douglas Stone and Sheila Heen of Harvard Law School identify as the three basic forms of feedback in their book “Thanks for the Feedback”:


Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose Aug 2023

Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose

Faculty Scholarship

Good judges are clear writers. And clear writers avoid legal clutter. Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions, concurring opinions are legal asides, musings of sorts—often by a single judge—that add length and confusion to an opinion often without adding meaningful value. Concurring opinions do not change the outcome of a case. Unlike dissenting opinions, they do not claim disagreement with the ultimate decision. Instead, concurring opinions merely offer an idea or viewpoint that failed …


Flawless First Draft In Legal Writing: A Fantasy Of The Uninitiated, Patrick Barry Jul 2023

Flawless First Draft In Legal Writing: A Fantasy Of The Uninitiated, Patrick Barry

Other Publications

I recently received an email from a former student (now a public interest lawyer) who had just finished a major writing project. She wanted to thank me for introducing her to the psychologically liberating concept of “shitty first drafts.” Without it, she said, she probably would have never hit her deadline.


References To Beatles Songs In Advocacy And Judicial Opinions, Douglas E. Abrams Jul 2023

References To Beatles Songs In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

This article surveys the indelible mark that the Beatles (Paul McCartney, John Lennon, George Harrison, and Ringo Starr) continue to leave on courts in the United States more than half a century after the quartet burst onto the American scene with their three television appearances on the Ed Sullivan Show in February of 1964, six years before the band’s breakup.


Miscellany On The Ucc And Its Primary Drafters, Virginia C. Thomas Jul 2023

Miscellany On The Ucc And Its Primary Drafters, Virginia C. Thomas

Library Scholarly Publications

This column discusses how the UCC was shaped by monumental legal scholars Llewellyn and Mentschikoff, highlights the historical and archival resources that tell their story, and offers insight into their views on legal education.


Center For Constitutional Democracy Welcomes Two New Board Members, James Owsley Boyd Jun 2023

Center For Constitutional Democracy Welcomes Two New Board Members, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Beginning on July 1, the Center for Constitutional Democracy will be welcoming two new members to its Advisory Board: former Indiana Attorney General Greg Zoeller ’82 and former CCD Senior Managing Affiliate Brady Harman ’15.


Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd Jun 2023

Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Family Research 101: Where To Start Looking, Frederick Dingledy Jun 2023

Family Research 101: Where To Start Looking, Frederick Dingledy

Library Staff Publications

No abstract provided.


Breaking The Rules, Rima Sirota Jun 2023

Breaking The Rules, Rima Sirota

Georgetown Law Faculty Publications and Other Works

“Breaking the Rules” is a legal research and writing assignment that I crafted for students completing their first year of law school. The assignment honors new students’ desire for skills that will allow them to effectively challenge the status quo of settled but discriminatory legal rules. Part I of this article is an essay that contextualizes and explains the assignment; Part II provides the assignment itself.


Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd May 2023

Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Nearly a year to the day since it was published, a book from incoming Indiana University Maurer School of Law faculty member has earned an Independent Publisher Book Award (“IPPY.”)

Professor Valena Beety’s Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights won the Gold Medal in Women’s Issues. Since 1997, the Independent Publisher Book Awards have been recognizing the best independently published books each year.

Released on May 30, 2022, Beety’s book has already won two other prestigious awards—the Montaigne Medal and the Sarton Nonfiction Award—this spring.

“Professor Beety is a tremendous teacher and scholar, and we’re proud to see …


Law Librarians, Let’S Talk About Book Banning, Olivia R. Smith Schlinck May 2023

Law Librarians, Let’S Talk About Book Banning, Olivia R. Smith Schlinck

Library Staff Online Publications

As seems to be the new normal, there is a lot happening in the news (*gestures vaguely around*). It’s easy to focus on a few issues at the expense of others or to get overwhelmed and check out entirely. But there is one issue that keeping tabs on feels like a professional obligation: book banning.