Legal Writing and Research Commons^™

Nit-Picking Or Significant Contract Choices?-Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Because I practiced primarily as a transactional lawyer for the eight years before I started teaching, I can sympathize with both sides of this dilemma. In practice, I ran across two alternative approaches to elases or contracts: the short "gentlemen's agreement" and the comprehensive agreement.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Aikido Technique For Rebutting Opposing Authority, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

A larger and stronger adversary lunges toward you, teeth bared, eyes blazing. Do you respond with equal fury, hoping in some way to match him? Or do you simply remain calm and centered, using your adversary's own energy to overpower him? The calm approach is the Aikido way, and this same approach can be an effective way of responding to negative authority in an opponent's brief.

Learning More Than Law From Maryland Decisions, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Evaluating Electronic Resources: Criteria Used By Librarians, Robert J. Weiner Jr.

College of Law - Law Library Staff Scholarship

Librarians use a variety of criteria when evaluating research databases for potential purchase or subscription. The development of a systematic approach to making library purchasing decisions can ensure that an informed decision-making process is used in library database collection building.

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has three issues to decide: (1) whether the Court of Appeals erred in holding that the Plaintiff failed to established the requisite elements to evidence a theory of intrusion upon seclusion as defined by the Restatement of Torts; (2) whether the Court of Appeals erred in holding that the Defendant’s statements to third parties were not defamatory but rather opinions or fair comment; and (3) whether the Court of Appeals erred in applying a strict breach of contract analysis to Plaintiff’s claim for deceptive business practices, …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Does Information And Agreement Equal Informed Consent?, Carl E. Schneider, Michael H. Farrell

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on a talk delivered last summer in England and on the chapter "Information, Decisions, and the Limits of Informed Consent," in (Michael Freeman and Andrew D. E. Lewis, eds.) Law and Medicine: Current Legal Issues 2000, Volume 3 (Oxford University Press, 2000). This version appears with permission of the publisher.

For many years, a principal labor of bioethics has been to find a way of confiding medical decisions to patients and not to doctors. The foremost mechanism for doing so has been the doctrine of informed consent. Anxious as bioethicists and courts have been to …

Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan

All Faculty Scholarship

Our goal at this conference is to begin the process of erasing the often artificial lines that presently exist between "doctrinal" and "skills" courses, between education focused on the acquisition of knowledge and education focused on the practical application of that knowledge. The lines that have been drawn are more a matter of perception than reality. If we were to deconstruct the pedagogical goals in both of these types of courses, we would find that they have as many similarities as they have differences.

The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Omar Usman

Law Faculty Scholarship

This Note explores the evolution and maturation of Iranian Islamism from the revolutionary elites through the contemporary reformers of the 21st century. The Author examines the conflicting ideological influences that are shaping the Islamist movement in Iran. This Note begins by presenting the framework of the fundamental contradictions that underlie Iranian Islamist ideology. The analysis of the Iranian Constitution is divided into an exploration of the institutional role of the clerical elites in the form of the faqih and the Council of Guardians, the constitutionally defined role of women, the democratic elements in the Iranian Constitution, and Marxism and environmentalism …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 14, Issue 3, Spring 2002.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, and Table of Contents for St. Thomas Law Review Volume 15, Issue 1, Fall 2002.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 15, Issue 2, Winter 2002.

Building A Foreign Law Collection At The University Of Michigan Law Library, 1910-1960, Margaret A. Leary

Articles

Ms. Leary describes the vision, energy, imagination, and techniques of the dedicated people who built an eminent foreign law collection at the University of Michigan Law Library. She also uses Michigan as an example to illustrate the development of libraries and librarianship nationally.

Above The Rules: A Response To Epstein And King, Frank Cross, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

No abstract provided.

Teamwork Builds A Modern Traditional Library, Mitchell Counts, Robert Linz

Publications

No abstract provided.

Feminist Legal Writing, Kathryn M. Stanchi

Scholarly Works

To lay the groundwork for the exploration of feminist legal writing, this Article first summarizes the traditions and conventions of persuasion and persuasive writing-how they are characterized in law and how they are taught in law school. It then summarizes a type of language in linguistic theory called "antilanguage," which is language created by groups in society that are outcasts or otherwise excluded from the dominant social class to rebel against the dominant class. Analyzing several pieces of feminist legal scholarship that use unconventional writing techniques, this Article identifies a type of feminist legal antilanguage. This feminist legal antilanguage uses …

Building A Tower Of Babel Or Building A Discipline? Talking About Legal Writing, Terrill Pollman

Scholarly Works

High-quality writing is one of the crafts most necessary to a successful career in law. Mature legal professionals, lawyers, judges, and law professors write every day. Often, they write cooperatively--editing and redrafting a shared document. Nevertheless, those trained in the law may lack a common language that enables them to talk with each other about writing. Like the workers building the tower in the biblical story of Babel, legal professionals sometimes find themselves unable to communicate about their work.

Unlike most subjects in the legal academy, legal writing has emerged as an area of serious study in law schools only …

Do Best Practices In Legal Education Include Emphasis On Compositional Modes Of Studying Law As A Liberal Art?, Linda L. Berger

Scholarly Works

Reporter's Notes on "A Liberal Education in Law: Engaging the Legal Imagination through Research and Writing Beyond the Curriculum."

The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin

Articles & Chapters

No abstract provided.

The University Of St. Thomas Law Library: A New Library For A New Era In Legal Education, Edmund P. Edmonds

Journal Articles

In spring 2000, the University of St. Thomas in St. Paul/Minneapolis, Minnesota, offered me an intriguing challenge: Would I be willing to help create a brand new law library at St. Thomas' new School of Law? That opportunity was, in many ways, the ultimate chance to reconsider the fundamental underlying premises that form one's basic vision of a law library. One's understanding and thinking about these basic ideas forms the foundation on which one makes critical decisions about the law library every working day. What would it be like to have no past history to either inform or encumber those …

Availability Of Works Cited In Recent Law Review Articles On Lexis, Westlaw, The Internet, And Other Databases, Simon Canick

Faculty Scholarship

In this study, a group of recent law articles was examined to determine the proportion of cited resources that are easily findeable online. Searches were conducted in databases such as LEXIS and Westlaw, and on the Internet, for full-text versions of every source cited in seven articles. The results have been broken down into 13 categories, including: federal cases, books, foreign law, and legal periodicals pre-1990. Not surprisingly coverage differs widely between the categories. Overall the study found that 77% of the 1,984 citations in the articles reviewed are available online. This article concludes with a general discussion of why …

Legislative History, Initiatives, And Bill Tracking, Peggy Roebuck Jarrett

Librarians' Chapters in Books

• Introduction
• How a Bill Becomes a Law
• The Process of Researching Legislative History in Washington
• Sources of Legislative History Documents
• Researching Initiatives and Referenda
• Legislative Bill Tracking
• Tips on Using the Legislature's Search Feature

Appendix: Acronyms And Abbreviations, Cheryl Rae Nyberg

Librarians' Chapters in Books

Acronyms and abbreviations that are used throughout this book and that are found in Washington and other legal materials are listed below, along with the full names or titles they represent. The list includes publications (the full titles are printed in italics); bar associations and legal organizations; U.S. and Washington agencies, boards, commissions, and departments; legal terms; court rules; statutes; and electronic databases and services. This list is representative, not comprehensive.

Local Government Law, Mary Ann Hyatt

Librarians' Chapters in Books

• Introduction and General Texts on Local Government Law
• Secondary Sources
• Public Records
• Primary Sources: Legislative
• Primary Sources: Administrative
• Washington City Codes
• Washington County Codes
• Library and Office Directory

Administrative Decisions And Materials, Cheryl Rae Nyberg

Librarians' Chapters in Books

• Introduction
• Administrative Agencies' Functions and Procedures
• Multi-Agency Sources of Administrative Decisions
• Agency-Specific Sources
• Databases
• Administrative Agency Decisions at a Glance

How To Use A Law Library, Ann Hemmens

Librarians' Chapters in Books

• The Basics of a Law Library
• Services
• Collection Organization
• Locating Items in the Collection
• Online Searching
• Everything Is Online, Right?
• Law Libraries in Washington State
• Library of Congress Call Numbers