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2008

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Articles 61 - 90 of 144

Full-Text Articles in Legal Writing and Research

Dedication Of Issue To Dean Emeritus Fred F. Herzog, 41 J. Marshall L. Rev. Xxiii (2008), William S. Weltman Jan 2008

Dedication Of Issue To Dean Emeritus Fred F. Herzog, 41 J. Marshall L. Rev. Xxiii (2008), William S. Weltman

UIC Law Review

No abstract provided.

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A Guide To Searching Cyberspace Law Online, Jennifer L. Selby Jan 2008

A Guide To Searching Cyberspace Law Online, Jennifer L. Selby

Law Librarian Scholarship

Cyberspace law is an umbrella term that touches on and encompasses many different areas of the law, including Internet, intellectual property, cybercrime, e-commerce, and privacy, among others. Cyberspace law includes aspects of United States law, in addition to foreign, comparative, and international law.1 Today, legal researchers in cyberspace law can enhance their search capabilities with web-based resources, including primary and secondary materials. Many of the resources discussed here are available freely on the Internet. For those resources that are licensed and networked, researchers may access them only at subscribing law libraries, and not remotely.2

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Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato Jan 2008

Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato

Scholarly Articles

This article presents a tightly organized and closely reasoned analysis of legal scholarship in the current post-realist era. Secure and well-defined within the formalist legal world of the nineteenth century, the practice of legal scholarship has been profoundly affected by the realist revolution of the early twentieth century and the instrumentalist view of law that now prevails in the twenty-first century. In response, legal scholars have been forced to dramatically alter the focus, the materials and the basic methods of their study. The practice of legal scholarship is currently occupied in a prolonged struggle to adapt to these changes and …

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Taking The Show On The Road: Teaching Legal Research In Poland, Stephen E. Young Jan 2008

Taking The Show On The Road: Teaching Legal Research In Poland, Stephen E. Young

Scholarly Articles

No abstract provided.

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The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith Jan 2008

The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith

Northwestern Journal of International Law & Business

This Article began life as a speech I gave on the fifth anniversary of the Flemish Bar in Belgium (Orde Van Flaamse Balies) on 24 May 2007. It addresses the changes which are taking place in Europe and elsewhere in the world in relation to the regulation of lawyers, particularly insofar as the core values of the legal profession are concerned.

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International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone Jan 2008

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone

Northwestern Journal of International Law & Business

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …

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Global Law Firms: Globalization And Organizational Spaces Of Cross-Border Legal Work, James R. Faulconbridge, Jonathan V. Beaverstock, Daniel Muzio, Peter J. Taylor Jan 2008

Global Law Firms: Globalization And Organizational Spaces Of Cross-Border Legal Work, James R. Faulconbridge, Jonathan V. Beaverstock, Daniel Muzio, Peter J. Taylor

Northwestern Journal of International Law & Business

The aim of this paper is not, however, to generically chart the rise of the global law firm; others have already done this. Instead, our interest lies in better understanding how existing geographies of globalization of law and lawyers, alongside the new geographies of professional partnership and legal work, have created opportunities and challenges for global law firms. More specifically, we seek to unravel the complexities of: (a) the factors driving the presence and absence of global law firms in different cities; and (b) the way that law firms have been reconfigured to operate as spatially distributed organizations present in …

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The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry Jan 2008

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry

Northwestern Journal of International Law & Business

While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …

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Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Jan 2008

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin

Northwestern Journal of International Law & Business

Cross-border law practice is growing to serve the increasingly global business of its clients, and U.S. and U.K. firms have been leaders in this global expansion of law practice. Expansion takes several forms, including the physical--with law firms opening offices in faraway locations to serve existing and new clients1--as well as the virtual--based on technology that supports the economics of cross-border activity by enabling practice apart from physical presence. Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, …

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Lawyers, Law Firms, And The Stabilization Of Transnational Business, John Flood, Fabian Sosa Jan 2008

Lawyers, Law Firms, And The Stabilization Of Transnational Business, John Flood, Fabian Sosa

Northwestern Journal of International Law & Business

Cross-border business transactions are complex. But in this globalized age, as commentators such as Ohmae have argued, business ought to be conducted simply despite national boundaries. Yet there are features of business that run counter to globalization and maintain a resolutely local character. A crucial aspect of this is the nature of law. No transaction can be carried out without a normative structure to provide a framework for the actors to operate within. Obligations, rights, warranties, covenants, and so on have to be specified and allocated. Even economists agree that the rule of law is essential for the conduct of …

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Writer's Block, David Spratt Jan 2008

Writer's Block, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler Jan 2008

Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler

Faculty Publications By Year

No abstract provided.

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Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.

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Updated Lessons In Conducting Basics Legal Research By Pro Se Litigants Who Cannot Afford An Attorney, Mike Martinez Jr, Michael P. Forrest, Paul S. Miller Jan 2008

Updated Lessons In Conducting Basics Legal Research By Pro Se Litigants Who Cannot Afford An Attorney, Mike Martinez Jr, Michael P. Forrest, Paul S. Miller

Faculty Articles

The first generation of this article was written and published by The Scholar in 2006.1 Because the trend to accessing legal materials is geared more and more toward the Internet, the tour of the book world that was the focus of the original article requires expansion to include those sources available on the World Wide Web.2 Thus, this article contains most of the content in the original article, and then is supplemented by discussions of content currently available from online legal resources.

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The Essential Law Library Journal, Frank G. Houdek Jan 2008

The Essential Law Library Journal, Frank G. Houdek

Publications

As a kickoff to the celebration of the centennial volume of Law Library Journal, Professor Houdek presents a selective, annotated list of "essential" readings culled from the preceding ninety-nine volumes of the Journal. The list represents pieces that anyone involved in law librarianship, whether a novice or someone experienced in the field, should read and absorb.

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Researching Across The Curriculum: The Road Must Continue Beyond The First Year, Brooke J. Bowman Jan 2008

Researching Across The Curriculum: The Road Must Continue Beyond The First Year, Brooke J. Bowman

Oklahoma Law Review

No abstract provided.

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What Teenagers Can Teach Us About Good Teaching, Karin M. Mika Jan 2008

What Teenagers Can Teach Us About Good Teaching, Karin M. Mika

Law Faculty Articles and Essays

The author relates some of the things she has learned from her teenager about what the upcoming generation of students believe makes for a good teacher.

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Developing Internal Consistency In Writing Assignments By Involving Students In Problem Drafting, Karin M. Mika Jan 2008

Developing Internal Consistency In Writing Assignments By Involving Students In Problem Drafting, Karin M. Mika

Law Faculty Articles and Essays

This article addresses a legal writing teaching strategy that helps students develop internal consistency in their legal documents with respect to issue, facts, and law. The teacher recounts the effect of her classroom experience by splitting her students into groups, assigning various legal issues, and then having the students draft their own fact situations.

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An Early Pennsylvania Legal Periodical Journal Of Law, 1830-31, Joel Fishman Jan 2008

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 …

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The Harvard Law School Notebooks (1939-1942) Of George Means Heinitsh, Jr., Joel Fishman Jan 2008

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).

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Citators Of Pennsylvania, Joel Fishman Jan 2008

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 …

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The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg Jan 2008

The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg

UF Law Faculty Publications

The student-edited law review has been a much criticized institution. Many commentators have expressed their belief that students are unqualified to determine which articles should be published in which journals, but these discussions have been largely based on anecdotal evidence of how journals make publication decisions. It was against that backdrop that we undertook a national survey of law reviews in an attempt to determine how student editors responsible for making publication decisions went about their task. This article compiles the results of that survey, which received 191 responses from 163 different journals. We analyzed 56 factors that influence the …

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The National Conference Of Law Reviews Symposium Issue, Alfredo Garcia Jan 2008

The National Conference Of Law Reviews Symposium Issue, Alfredo Garcia

St. Thomas Law Review

The articles in this issue contain a common thread: the importance of the enduring values embedded in our Constitution, especially during times when our country confronts challenges that threaten the security of its citizens. In a thoughtful retrospective, one author reminds us of the continuing struggle of the civil rights movement to bring to life the concepts of equality and due process, which form the core of our collective and individual freedoms. It is my honor to distill, in this introduction, the lessons embodied in the penetrating and thought-provoking pieces that comprise this volume.

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The Public Face Of Presumptions, Karen Petroski Jan 2008

The Public Face Of Presumptions, Karen Petroski

All Faculty Scholarship

We commonly think of presumptions as second-best inferential tools allowing us to reach conclusions, if we must, under conditions of limited information. Scholarship on the topic across the disciplines has espoused a common conception of presumptions that defines them according to their function within the decisionmaking process. This focus on the “private” face of presumptions has generated a predominantly critical and grudging view of them, perpetuated certain conceptual ambiguities, and, most important, neglected the fact that what we refer to as “presumptions” have distinguishing features other than the defeasibility and burden-shifting effects associated with their use as inferential tools. When …

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Did Bankruptcy Reform Fail? An Empirical Study Of Consumer Debtors, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren Jan 2008

Did Bankruptcy Reform Fail? An Empirical Study Of Consumer Debtors, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren

Articles

Before 2005, many people went broke and many filed for bankruptcy. After 2005, many people still go broke, but not so many file for bankruptcy. Why has the number of bankruptcies declined? Surely it is not the economy. All throughout the 2000s, families have been under increasing economic pressure. Median family incomes have declined, basic expenses have risen, and families are shouldering unprecedented debt loads. Defaults remain high for credit cards and car loans, while mortgage foreclosures have soared. By 2008, over half of all Americans reported that their incomes were falling behind their cost of living. These data all …

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Using Ethics Codes To Reinforce Lessons Of Statutory Interpretation, Edward R. Becker Jan 2008

Using Ethics Codes To Reinforce Lessons Of Statutory Interpretation, Edward R. Becker

Articles

To increase my students' exposure to statutory interpretation, I assign them early in the second semester to argue a motion to disqualify counsel based on imputed disqualification under Michigan's ethics ruls. Interpreting ethics rules involves many of the same "pure" statutory interpretation techniques I introduced the previous semester, and the students appear to easily make any needed translations. This exercise also helps prepare students to interpret other quasi-legislative authorities like court or evidentiary rules, administrative codes, and municipal ordinances.

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Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert Jan 2008

Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert

Articles

Perhaps more than in any other field, legal scholarship has aimed directly at influencing public policy. Hence, it is not surprising that empirical scholarship on law related issues often seems to have an agenda that extends beyond the common social science goals of adding to our knowledge base and understanding of human behavior to suggesting to policy makers and practitioners legal and administrative changes that will ameliorate problems they confront and, by the researcher’s lights, make this a better world in which to live.

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Alabama, Timothy L. Coggins Jan 2008

Alabama, Timothy L. Coggins

Law Faculty Publications

A report on the state of Alabama's authentication of online legal resources, the first update was recorded in 2007.

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Building A Law Firm Library, Joyce Manna Janto Jan 2008

Building A Law Firm Library, Joyce Manna Janto

Law Faculty Publications

Opening a law practice is a daunting task. Renting space, equipping an office, and hiring staff are obvious first steps.But what about assembling a library?

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Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins Jan 2008

Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins

Faculty Scholarship

No abstract provided.

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