Legal Writing and Research Commons^™

Free Speech Federalism, Adam Winkler

Michigan Law Review

For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …

The Elements Of Legal Style, Mark P. Painter

The Journal of Appellate Practice and Process

No abstract provided.

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

Scholarly Works

This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.

Law And Practice, William Rhee

Law Faculty Scholarship

No abstract provided.

Researching Colorado Local Government Law, Robert Linz

Other Faculty Publications

As citizens, our daily lives are directly affected by local law. For example, many of us consider the speed limit (and whether we'll get caught exceeding it) as we drive to work each day, as well as the amount of property tax we pay each year. Given the immediate impact of local laws on residents, it seems counterintuitive that the body of local law is obscure and difficult to research. This article presents an overview of Colorado local government organization and the resources available to help researchers find law by and about local government.

Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson

Presentations

Presents the business case for creating an institutional repository (IR), including a comparison of the advantages and disadvantages with Social Science Research Network (SSRN); offers advice on obtaining faculty buy-in to the project in order to obtain content; reviews copyright right issues involved in depositing published materials into the repository; and suggests ways in which creating a repository can build relationships beyond the institution.

Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong

Faculty Publications

This article addresses a gap in the scholarly literature by comparing interpretive methodologies used by U.S. arbitrators to those used by international arbitrators to determine whether and to what extent U.S.-based class awards are enforceable outside the United States. Since many courts and arbitrators have claimed an analogy between consolidated and class arbitration, the article also considers whether such an analogy is appropriate as a matter of law and policy to identify whether the traditional disinclination to order consolidation can or should be extended to class proceedings. This second portion of the article is applicable to both domestic class arbitrations …

From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson

Scholarly Works

This Article is intended to serve as a roadmap for law professors and law review editors alike in their efforts to find a better way for students to evaluate articles. Further, this Article aims to offer low-cost ways to improve the institution of student-run law reviews by strengthening editors' evaluation skills and processes. This Article is divided into three main parts. Part II of this Article, Manifestations of Systemic Bias, develops a theory of the safe-dissent continuum and employs this theory to determine whether there is empirical support for claims of bias in article evaluation and the legal discourse. Part …

Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson

Electronic Theses and Dissertations

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.

The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.

Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun …

Find It Fast And Free: An Update On Florida And Federal Research On The Internet, Patricia Morgan

UF Law Faculty Publications

No abstract provided.

Southeastern Association Of Law Libraries Annual Meeting, University Of Georgia Alexander Campbell King Law Library, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman

Conferences and Symposia to 2010

The 2009 SEAALL Annual Meeting was held in Athens Georgia, April 16-18, 2009.

Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.

Relics Or Relevant: The Value Of The Modern Law Review, Joshua D. Baker

West Virginia Law Review

No abstract provided.

The Benefits Of Podcasting, Karin M. Mika

Law Faculty Articles and Essays

This article discusses the benefits of podcasting in legal writing courses, based on the author's participation in CALI's 2005 inaugural podcasting project.

An Annotated Bibliography On Federal Appellate Practice And Procedure, Thomas E. Baker

The Journal of Appellate Practice and Process

No abstract provided.

Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson

The Journal of Appellate Practice and Process

No abstract provided.

Foreword, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

The Founders, Or The Journal's Early Years And What They Meant To Me, Rodney K. Smith

The Journal of Appellate Practice and Process

No abstract provided.

Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson

Law Faculty Scholarship

No abstract provided.

The Law Reviews: Do Their Paths Of Glory Lead But To The Grave?, John Doyle

The Journal of Appellate Practice and Process

No abstract provided.

Establishing Inequality, Gene R. Nichol

Michigan Law Review

Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …

Law Students Are Different From The General Population: Empirical Findings Regarding Learning Styles, Robin Boyle, Jeffery Minneti, Andrea Honigsfeld

Faculty Publications

(Excerpt)
It was a snowy day during a semester break when Prof. Robin Boyle was discussing teaching law students and learning styles with Dr. Andrea Honigsfeld, who has performed numerous empirical studies and has published many books and articles on teaching to the learning style of children and adults. Also at the table was Susan Rundle, president of Performance Concepts International (PCI). PCI develops and administers the Building Excellence (BE) Survey, an online learning style assessment survey (described below). Prof. Boyle was aware during this conversation that professors who teach in other graduate programs are fascinated by law students. Dr. …

Why Write?, Erwin Chemerinsky

Michigan Law Review

This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …

One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner

Law Faculty Publications

Decisions to eliminate a book collection occur for various reasons, including retirement, downsizing a home library, or a sweet deal from an online vendor. Law librarians regularly receive inquiries about the purchase or donation of used law books. Many times these calls originate in a law school’s development office after an attorney school seeks his or her law school’s advice on eliminating a significant career investment. An attorney may turn to a law firm librarian for advice as well.

Rss: The Hov Lane On The Information Highway, James M. Donovan

Presentations

Today’s world suffers from no lack of readily available information. The challenge is rarely the finding of information; it is rather laying your hands on just the right piece at just the right time. While attorneys have a duty to be well-informed about the state of the law, remaining current can be difficult. The goal should be to have information delivered and organized in a timely, convenient way that both maximizes exposure—assuring that you aren’t missing that perfect nugget that will give you the competitive edge—yet minimizes time-investment in retrieval and scanning through items that may be of no use …

Just The Facts, Ma’Am: Make The Web Your Investigative Partner, Anne Burnett

Presentations

The web is a handy investigative tool, allowing a researcher to obtain information about persons, property and things. One can find email addresses, home addresses, telephone numbers, criminal records, military service information, property records, vital statistics information, photographs and more. This information may help locate a missing heir, reveal useful information about a potential expert witness, confirm the legitimacy of a business, determine who owns a piece of property or expose the litigious nature of a potential client. The focus in these program materials is on free resources, but I also cover a few fee-based services that can be accessed …

Clarity, Organization: Watchwords For Client Correspondence, Sabrina Defabritiis

Suffolk University Law School Faculty Works

As attorneys, we strive to achieve the utmost level of clarity and organization in the legal briefs and memoranda that we file and serve. Why, then, do the fundamentals of good legal writing often fall by the wayside when drafting client correspondence? Remembering the fundamentals, as well as looking to the basic requirements of the Rules of Professional Conduct, can help in drafting organized correspondence which will serve the dual purposes of keeping the client informed and creating a record of your actions as the attorney.