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Articles 91 - 114 of 114
Full-Text Articles in Legal Writing and Research
Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher
Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher
NYLS Law Review
No abstract provided.
Estate Of Pew V. Cardarelli, Rachel Bell
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
Toa Construction Co., Inc. V. Tsitsires, Jessica Tong
NYLS Law Review
No abstract provided.
Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti
Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti
NYLS Law Review
No abstract provided.
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
NYLS Law Review
No abstract provided.
Never Too Late To Go Home Again, David Spratt
Never Too Late To Go Home Again, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills
The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills
Articles & Chapters
No abstract provided.
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 4 (2009).
Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills
Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills
Journal Articles
This is a 2007 update of a survey of minority law librarians first conducted in 1992. It offers a recent profile of our minority colleagues, enabling one to see how things have changed - or remained the same - over the course of fifteen years.
Untold Stories: Restoring Narrative To Pleading Practice, Elizabeth Fajans
Untold Stories: Restoring Narrative To Pleading Practice, Elizabeth Fajans
Faculty Scholarship
No abstract provided.
Interpreting Data: A Reply To Professor Pardo, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren
Interpreting Data: A Reply To Professor Pardo, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren
Articles
Professor Pardo has published a pointed critique to our Report, raising three major complaints. First, he claims that we make two predicating assumptions in our study that are flawed. Second, he contends that we misunderstand the means test and fail to appreciate with sufficient "nuance" its "operative effect." Third, he maintains that our Report suffers from methodological problems. We can address the two impugned assumptions quickly. The first one - that BAPCPA's means test is the sole causal agent driving 800,000 putative filers from the bankruptcy courts - is not one we make. The second - regarding the income profiles …
The Power Of Collaboration: Worldcat's Copyright Evidence Registry, Roger V. Skalbeck
The Power Of Collaboration: Worldcat's Copyright Evidence Registry, Roger V. Skalbeck
Law Faculty Publications
One of the underlying obstacles to reproducing older books is that there's no central place to look for information about what is protected by copyright and what may have passed into the public domain. Responding to this need, OCLC recently introduced a new system for tracking various copyright details for published books. The new service, still in beta, is called the WorldCat Copyright Evidence Registry (CER). It could be a very valuable resource for recording and sharing copyright status information.
The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz
The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz
Publications
When patrons can't come to the library, sometimes the librarian must go to the patrons. That is exactly what happened this past year in the state of Colorado.
Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman
Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman
Vanderbilt Law School Faculty Publications
In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network was Professor Cass Sunstein of Harvard Law School and proceeded to catalogue all of his myriad co-authors (so-called Sunstein 1's) and their co-authors (Sunstein 2's). In this small note we update that catalogue as of August 2008 and take the opportunity to reflect on this project and its methodology.
A Reply To Pierre, Robin West
A Reply To Pierre, Robin West
Georgetown Law Faculty Publications and Other Works
In this article, the author responds to Pierre Schlag's statement that legal scholarship is dead and that live scholarship, by contrast to the stuff we produce, aims for truths that are both important and hard to uncover—the latter is what requires discipline, and the former distinguishes scholarship from ordinary observation. The “life” in lively scholarship lies partly in the quest but also in the substantial payoff: growth, when we have been convinced of something important and previously unknown; change, when we see the world differently because of it; restoration, when old truths are revalidated; breath itself, when new insights pry …
Researching Colorado Local Government Law, Robert M. Linz
Researching Colorado Local Government Law, Robert M. Linz
Publications
No abstract provided.
Voice, Self, And Persona In Legal Writing, Chris Rideout
Voice, Self, And Persona In Legal Writing, Chris Rideout
Faculty Articles
From the author's view, sorting out the complexity of voice—and discussing voice in legal prose—requires a rethinking of who the writer is in legal discourse and, importantly, how that writer is represented in legal prose. It becomes a question not of self expression, but of self-representation and persona. This article will first look at discussions of voice in writing—beginning with what we might mean by voice, then with discussion of personal voice, and then of professional voice. The article then offers another model for looking at voice — a discoursal model — and use that model to reconstruct the idea …
Crossover, Richard Delgado
Crossover, Richard Delgado
Faculty Articles
Should minority writers aim for a "crossover" audience of mainstream (white) readers or write mainly for a circle of readers like themselves, viz., minorities or people of color? Despite the attractions of achieving crossover status -- including fame, fortune, and book reviews -- the article argues that writers of color should usually visualize an audience of their peers, that is, readers of color. Writing for a broad audience of mostly white readers risks that the minority writer will adopt topics, language, and approaches that will appeal and ring true to this group. Consciously or unconsciously the writer may pull his …
A Decade Later: Adarand And Croson And The Status Of Minority Preferences In Government Contracting, Lynn Ridgeway Zehrt
A Decade Later: Adarand And Croson And The Status Of Minority Preferences In Government Contracting, Lynn Ridgeway Zehrt
Law Faculty Scholarship
This Article analyzes sixteen decisions in an effort to assist governmental entities in achieving the noble goal of “confront[ing] the effects of racial discrimination”8 in government contracting. Part I summarizes the Supreme Court’s decisions in Adarand and Croson, focusing primarily on the Court’s definition of strict scrutiny in those decisions. It also includes a brief description of the historical development of affirmative action in government contracting. Part II explores the impact of the Adarand decision on federal programs and considers not only the statutory revisions prompted by that decision but also the subsequent appellate decisions that evaluated these federal programs …
The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler
The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler
Law Faculty Scholarship
In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses. For centuries, North Carolina more or less tolerated intentional spousal disinheritance. In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse to renounce the decedent spouse’s will and receive a statutorily prescribed share (ranging from one-sixth to one-half) of the decedent spouse’s probate estate. Because the dissent statute was limited to the decedent spouse’s probate estate, it was easily circumvented through the use of non-probate transfers. In …
Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore
Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore
Law Faculty Scholarship
The Eleventh Circuit reviews decisions made by the Board of Immigration Appeals with a very lenient substantial evidence test that incorporates the idea of compulsion. In other words, the record must compel an opposite conclusion for a decision to be overturned as opposed to merely being unsupported by substantial evidence. This article details the job of the Board of Immigration Appeals, the types of claims it hears, and the types of review applied to it by the Eleventh Circuit. A study of 251 cases from 1990 through 2008 suggests that the Eleventh Circuit hardly ever overturns the Board of Immigration …
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
Law Faculty Scholarship
The normative role of state constitutions, which are simultaneously paramount state law and inferior to the whims of even the most minor federal regulation, is a matter of some uncertainty. In recent years, state constitutions have been significantly affected by another wave of popular constitutionalism. As part of this movement, since 1996, seven states have adopted constitutional provisions guaranteeing a right to hunt and fish. This article explores the constitutionalization of hunting and fishing rights under state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on Ancient Rome, England, and the …
Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner J.D.
Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner J.D.
All Faculty Scholarship
This article describes the current state of the regulation of financial conflicts of interest in research in the United States. It notes the implications of the changing academic and private research environment and reviews recent empirical research on (1) the perceived implications of such conflicts on clinician and researcher behavior, and (2) the effect of disclosure of such conflicts to potential research participants. The article also details a number of widely publicized research “scandals” involving conflicts of interest and the effects these may have on both public support for research as well as on the quality of care that ultimately …
What Do Federal District Judges Want?: An Analysis Of Publications, Citations, And Reversals, Mitu Gulati, Stephen J. Choi, Eric A. Posner
What Do Federal District Judges Want?: An Analysis Of Publications, Citations, And Reversals, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
We report evidence from a dataset of federal district judges from 2001 to 2002 that district judges adjust their opinion-writing practices to minimize their workload while maximizing their reputation and chance for elevation to a higher court. District judges in circuits with politically uniform circuit judges are better able to predict what opinions will get affirmed by the circuit court, leading to higher publication rates and a higher affirmance rate. In contrast, district judges in circuits with politically diverse circuit judges are less able to predict the preferences of the reviewing circuit court panel, leading district judges to publish fewer …