Open Access. Powered by Scholars. Published by Universities.®

Legal Writing and Research Commons™

Open Access. Powered by Scholars. Published by Universities.®

2010

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 61 - 90 of 143

Full-Text Articles in Legal Writing and Research

Legal Citation Without Fear, Maureen Cahill Feb 2010

Legal Citation Without Fear, Maureen Cahill

Presentations

Presentation by Maureen Cahill, Student Services Librarian, as part of the library's Lunch-n-Learn series.

http://www.law.uga.edu/lunch-n-learn-series


Preserving A Racial Hierarchy: A Legal Analysis Of The Disparate Racial Impact Of Legacy Preferences In University Admissions, Kathryn Ladewski Feb 2010

Preserving A Racial Hierarchy: A Legal Analysis Of The Disparate Racial Impact Of Legacy Preferences In University Admissions, Kathryn Ladewski

Michigan Law Review

Many public and private universities around the country employ legacy admissions preferences in order to give children of alumni special consideration in the admissions process. Such preferences disproportionately benefit white applicants at the cost of their nonwhite counterparts, because past generations of college students were less diverse than today's applicant pool. However, universities argue that their legacy preferences are justified because they assist in alumni fundraising efforts. This Note presents a statistical analysis to argue that legacy preferences are prohibited by the Civil Rights Act of 1964 because they have a discriminatory effect on minority college applicants and have not …


Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland Jan 2010

Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland

Law Faculty Publications

No abstract provided.


A Tribute To Mary Lawrence, Ruth C. Vance Jan 2010

A Tribute To Mary Lawrence, Ruth C. Vance

Law Faculty Publications

No abstract provided.


Statutory Interpretation In The Age Of Grammatical Permissiveness: An Object Lesson For Teaching Why Grammar Matters, Susan J. Hankin Jan 2010

Statutory Interpretation In The Age Of Grammatical Permissiveness: An Object Lesson For Teaching Why Grammar Matters, Susan J. Hankin

Faculty Scholarship

This article uses an unpublished case interpreting New York’s animal cruelty law as an object lesson to teach why grammar matters. In People v. Walsh, 2008 WL 724724 (N.Y. Crim. Ct. Jan. 3, 2008), the court’s interpretation of the statute turned, in part, on the serial comma rule (sometimes called the “Oxford comma” rule). The court followed a mandatory approach to interpret the statute’s meaning, even though most contemporary grammar and style books make such use of a comma optional. One of the many benefits of using a case example to teach why grammar matters is that it focuses students …


Boulder Statement On Legal Research Education: Signature Pedagogy Statement, Legal Information Conference Attendees Jan 2010

Boulder Statement On Legal Research Education: Signature Pedagogy Statement, Legal Information Conference Attendees

2010 Conference (Boulder)

No abstract provided.


Don't Reinvent The Wheel: Legal Research Guides And Bibliographies Will Save You Valuable Time And Effort, Matt Novak Jan 2010

Don't Reinvent The Wheel: Legal Research Guides And Bibliographies Will Save You Valuable Time And Effort, Matt Novak

Marvin and Virginia Schmid Law Library: Faculty Publications

When researching unfamiliar areas of law it is often helpful to consult research guides and bibliographies. These resources can expedite the research process by identifying, compiling, and explaining the various tools needed to successfully research a legal topic. Research guides and bibliographies can be found in a number of online and print sources. By using a variety of specialized tools, one can quickly locate quality legal research guides and bibliographies no matter where they are.


Before They Even Start: Hope And Incoming 1ls, Barbara J. Brunner Jan 2010

Before They Even Start: Hope And Incoming 1ls, Barbara J. Brunner

Duquesne Law Review

No abstract provided.


Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin Mika Jan 2010

Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin Mika

Duquesne Law Review

No abstract provided.


The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali Jan 2010

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Aaron Murphy, appeals to the Marshall Supreme Court from a decision affirming the grant of summary judgment in favor of Respondent, MarshCODE, on his claims of defamation, false light invasion of privacy, and breach of contract. Thus, there are now three issues before the Marshall Supreme Court. The first two issues concern whether an individual can maintain an action of defamation and false light invasion of privacy when the false statement arose because of a computer malfunction. The last issue concerns whether the unilateral modification of a privacy agreement constitutes a breach of contract when assent to the modification …


The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer Jan 2010

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer

UIC John Marshall Journal of Information Technology & Privacy Law

The circuit court erred when it granted summary judgment in favor of MarshCODE because Mr. Murphy has demonstrated facts to support the elements of the (1) defamation, (2) false light invasion of privacy, and (3) breach of contract claims. First, Mr. Murphy has provided facts to support the defamation claim. MarshCODE made a false and defamatory statement about Mr. Murphy when it told Ms. Who that he was her father. Because this matter concerns Mr. Murphy's private life, a negligence standard applies rather than the First Amendment's actual malice standard. Mr. Murphy has demonstrated that MarshCODE acted either negligently or …


The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler Jan 2010

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler

UIC John Marshall Journal of Information Technology & Privacy Law

The First District Court of Appeals properly affirmed summary judgment on behalf of MarshCODE because Appellant failed to raise a genuine issue of material fact on his defamation claim. First, MarshCODE's accidental disclosure of information, which implied that Appellant participated in premarital sex or had a homosexual child, was not defamatory because an average person would not lower his estimation or be deterred from associating with Appellant based on such a statement. Second, no publication was made because MarshCODE did not act with negligence and was unaware of the program malfunction that resulted in the release of the information. Third, …


Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener Jan 2010

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener

UIC John Marshall Journal of Information Technology & Privacy Law

Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …


Front Matter Jan 2010

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 22, Issue 3, Spring 2010.


Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna P. Hemingway Jan 2010

Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna P. Hemingway

St. Thomas Law Review

This article argues that practitioners' briefs do have a place in the law school classroom. Part II of this article discusses the pedagogy behind using practitioners' briefs in the legal writing classroom. It demonstrates how using practitioners' briefs enriches lesson plans, heightens interest in the classroom, and helps students gain a richer appreciation for lawyers' goals when they write as advocates. Part III presents some different ways of using practitioners' briefs to teach persuasive writing. It examines how the author has used practitioners' briefs to teach persuasive writing of the statement of facts, point headings and summary of the argument. …


On-Line Legal Research Workshops, Frederick B. Jonassen Jan 2010

On-Line Legal Research Workshops, Frederick B. Jonassen

St. Thomas Law Review

Like riding a bicycle, playing tennis, or driving a car, legal research is a skill, and like any other skill, it is learned by doing, and not by listening to a lecture. However, lectures are indispensable for introducing the skill. The mental processes applied in electronic legal research may differ from those applied to book legal research. But because both electronic and book research are skills, a guided workshop in electronic legal research may be based on similar principles to those underlying a workshop in book legal research, with appropriate modifications. The aspects of the electronic legal workshop proposed here …


Legal Research In The Digital Age: Authentication And Preservation Of Primary Material, Matt Novak Jan 2010

Legal Research In The Digital Age: Authentication And Preservation Of Primary Material, Matt Novak

Marvin and Virginia Schmid Law Library: Faculty Publications

Most legal professionals have used free online resources to help in the legal research process. Whether it is an opinion downloaded from a court's Web site, a federal statute located using Cornell's Legal Information Institute (LII), an article on Wikipedia, or a post on someone's blawg, the quantity and variety of free online resources seems to grow on a daily basis. Some have even wondered if these resources can one day replace the need to subscribe to a computer-assisted legal research (CALR) service such as Westlaw or LexisNexis. Late last year, the "blogosphere" was abuzz with this question after Google …


Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, And Mediations Into The Legal Writing Curriculum, Olivia Farrar, A.G. Harmon Jan 2010

Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, And Mediations Into The Legal Writing Curriculum, Olivia Farrar, A.G. Harmon

Scholarly Articles

Legal education is built around a core irony: almost no human disputes are resolved via trials, and yet we dedicate years to teaching law students how to resolve disputes via litigation. To remedy this incongruity between legal education and the reality of lawyering, the two of us have begun integrating negotiations, settlements, and mediation into our 1L legal writing curriculum. This article describes why and how we have introduced our students to these non-litigation skill sets, starting to train them in what we believe may be their most powerful dispute resolution skills when they enter the legal world.


Writer's Block: Why Punctuation Matters, Part Two, David Spratt Jan 2010

Writer's Block: Why Punctuation Matters, Part Two, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt Jan 2010

Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt Jan 2010

Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Book Review: Lexicon Of Human Rights, Duncan E. Alford Jan 2010

Book Review: Lexicon Of Human Rights, Duncan E. Alford

Faculty Publications

No abstract provided.


Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro Jan 2010

Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro

Faculty Scholarship

No abstract provided.


Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso Jan 2010

Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.


The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater Jan 2010

The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater

UIC Review of Intellectual Property Law

The semantic web is going to become an important tool for scientists who need to accurately share data given context through structured relationships. The structure that defines contextual relationships on the semantic web is known as an ontology; which is a hierarchical organization of a knowledge domain that contains entities and their relations. This paper seeks to answer whether semantic web ontologies are protectable by copyright, and regardless of the outcome, what the best practices are for the scientific community. The best practices for the scientific community should include the adoption of a machine readable ontology license which disclaims copyright …


Misplaced Modifiers - Say What, David Spratt Jan 2010

Misplaced Modifiers - Say What, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Speech, Truth, And Freedom: An Examination Of John Stuart Mill's And Justice Oliver Wendel Holmes's Free Speech Defenses, Irene M. Ten Cate Jan 2010

Speech, Truth, And Freedom: An Examination Of John Stuart Mill's And Justice Oliver Wendel Holmes's Free Speech Defenses, Irene M. Ten Cate

Faculty Scholarship

No abstract provided.


Another Early Pennsylvania Legal Periodical: Journal Of Jurisprudence (1821), Joel Fishman Jan 2010

Another Early Pennsylvania Legal Periodical: Journal Of Jurisprudence (1821), Joel Fishman

Law Faculty Publications

In 1821, John Hall published the Journal of Jurisprudence, "a new series of The American Law Journal." It is sometimes cited under the former title or as volume seven of the American Law Journall that was the first law periodical published in the United States. The new volume had 542 pages, divided into three issues of 136, 136, and 270 pages. Mathew Carey & Son, one of the leading Philadelphia printers of early, nineteenth-century Philadelphia,2 was the printer of the Journal. In antebellum Pennsylvania, Philadelphia served as a major printing center,3 hosting a number of …


Front Matter Jan 2010

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 22, Issue 2, Winter 2010.


Researching Georgia Legislative History, Carol Watson Jan 2010

Researching Georgia Legislative History, Carol Watson

Articles, Chapters and Online Publications

Attorneys often seek Georgia legislative history when trying to clarify a vague statute, determine the intent of the legislature or trace a law’s amendments over time. Although sometimes difficult to compile, Georgia legislative history tidbits can be gathered by consulting a variety of resources.