Legal Writing and Research Commons^™

When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler

Pepperdine Dispute Resolution Law Journal

This article first reviews proposed explanations for and solutions to the low rate of voluntary ADR use, as well as related empirical research. The article then reports the findings of a study that involved a survey of attorneys regarding their ADR education, experience with ADR as counsel or as a third-party neutral, and advice to clients about ADR. This study found that attorneys' direct experience with ADR, especially in their role as counsel but also as a neutral, was strongly related to whether they recommended ADR to clients. In contrast, ADR education had little or no relationship with attorneys' ADR …

What Works In Transformative Mediator Coaching: Field Test Findings , James R. Antes, Judith A. Saul

Pepperdine Dispute Resolution Law Journal

A process for the formative assessment (coaching) of mediators practicing from the transformative orientation was field tested at six different sites. Specifically varied were whether or not the mediator's original training was in the transformative orientation, the mediator's amount of experience practicing from the transformative orientation, and whether the role-play mediation sessions were live or videotaped. In addition to drawing conclusions about the qualifications necessary for a coach and the pros and cons of videotaped sessions versus live stop-action sessions, we developed guidelines for structuring the coaching process. We also identified a range of possible uses of the process.

Assimilative, Autonomous, Or Synergistic Visions: How Mediation Programs In Florida Address The Dilemma Of Court Connection , Dorothy J. Della Noce, Joseph P. Folger, James R. Antes

Pepperdine Dispute Resolution Law Journal

Over the past twenty-five years, the state of Florida has been recognized across the United States as a leader in the development of court-connected alternative dispute resolution programs. Mediation, in particular, has flourished across the state, with one hundred eleven programs in place in family, civil, community, and dependency sectors. Administrative support and oversight for court-connected mediation programs are provided by The Florida Dispute Resolution Center (DRC) - the administrative arm of the Florida Supreme Court - housed within the Office of the State Courts Administrator. In collaboration with the DRC, we designed and conducted a benchmarking study of seven …

Will An Institutional Repository Hurt My Ssrn Ranking?: Calming The Faculty Fear, Carol A. Watson, James M. Donovan

Articles, Chapters and Online Publications

Argues that faculty members should not view hits to their works in an institutional repository as a drain on their Social Science Research Network rankings. While SSRN excels at delivering their work to the cadre of legal specialists, IRs typically do a better job of presenting it to a broader readership. This expanded exposure should be judged a positive complementary benefit.

Using Visuals To Enhance Student Learning, Karin Mika

Law Faculty Articles and Essays

Professor Karen Mika describes how visuals can enhance student learning.

Will An Institutional Repository Hurt My Ssrn Ranking? Calming The Faculty Fear, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

Faculty members should not view the institutional repository as a drain on their SSRN rankings. While SSRN excels at delivering their work to the cadre of legal specialists, IRs typically do a better job of presenting it to a broader readership. This expanded exposure should be judged a

positive benefit of participation in the IR, helping to mitigate criticisms of law faculty as sequestered, insular, and writing only for themselves. Anyone interested in giving their ideas the widest possible hearing should deposit their intellectual work in as many venues as possible. For law professors, this means they should have both …

Checking Bankruptcy Court? There’S An App For That: Mobile Technology For The Legal Professional, Jason Tubinis

Continuing Legal Education Presentations

Provides descriptions of useful computer programs designed to add functionality or perform particular tasks (apps), specifically designed to aid attorneys in their practice. Includes subscription-based apps, primary material apps, and general legal apps of special merit.

J Is For Jurisprudence: An Alphabet Of Websites For Lawyers, Wendy E. Moore

Continuing Legal Education Presentations

Contains an alphabetical list of 26 websites, each of which contains worthwhile information for one’s research or professional development. While not exhaustive, features topical legal blogs, Federal and state government websites, free legal information from both commercial and not-for-profit organizations, educational resources, and helpful non-legal research tools.

In Real Time: Tips For Fast, Effective Internet Searches, Suzanne R. Graham

Continuing Legal Education Presentations

Modern search engine searches are free and so fast that trial-and-error or try-assess-and-try-again seem reasonable approaches. However, when a single known result is desired, patience is short or the viewable screen is too small to make scrolling desirable there are a variety of handy tools and techniques to use to get the best out of the Web.Tips focus on using commonly-used search operators in Google and Bing, setting up bookmarks/favorites in browsers, and creating a personalized internet portal.

Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers

Pepperdine Dispute Resolution Law Journal

This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …

Gaining Compliance Through Non-Verbal Communication , Pamela Peters

Pepperdine Dispute Resolution Law Journal

This article will examine the often de-emphasized and overlooked nonverbal aspects of communication. Understanding the impact of non-verbal messages sharpens one's ability to view seemingly superficial mannerisms and movements as potential cues. Further, this article is designed to prompt individual assessment and increase awareness of one's personal non-verbal mannerisms. This article is intended to encourage members of the ADR and legal communities to thoughtfully observe those around them and implement purposeful movements into their interactions, ultimately becoming more powerful and effective communicators and professionals. This article will consider two methods of gaining compliance through non-verbal signals. The first category examines …

Legal Writing, The Remix: Plagiarism And Hip Hop Ethics, Kim D. Chanbonpin

Mercer Law Review

I begin this Article with a necessary caveat. Although I place hip hop music and culture at the center of my discussion about plagiarism and legal writing pedagogy, and my aim here is to uncover ways in which hip hop can be used as a teaching tool, I cannot claim to be a hip hop head. A hip hop "head" is a devotee of the music, an acolyte of its discourse, and, oftentimes, an evangelist spreading the messages contained therein. One head, the MC (or emcee) KRS-One, uses religious discourse to describe hip hop culture, naming his community organization, The …

Tenure And The Law Library Director, James M. Donovan, Kevin B. Shelton

Law Faculty Scholarly Articles

This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director.

Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school. The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude that …

A Tour Through The New Writing Manual, Jaime M. Bouvier, Carolyn Broering-Jacobs

Law Faculty Articles and Essays

A helpful guide to the major changes to legal citation and writing style made by the Ohio Supreme Court's new Writing Manual.

Formulating A Research Plan, Maureen Cahill, Tj Striepe

Presentations

Presentation, delivered to clinic and externship students on January 30 and February 1, 2012, on formulating a research plan.

Persuasive Visions: Film And Memory, Jessica Silbey

Faculty Scholarship

This commentary takes a new look at law and film studies through the lens of film as memory. Instead of describing film as evidence and foreordaining its role in truth-seeking processes, it thinks instead of film as individual, institutional and cultural memory, placing it squarely within the realm of contestability. Paralleling film genres, the commentary imagines four forms of memory that film could embody: memorabilia (cinéma vérité), memoirs (autobiographical and biographical film), ceremonial memorials (narrative film monuments of a life, person or institution), and mythic memory (dramatic fictional film). Imagining film as memory resituates film’s role in law (procedural, substantive …

Talking In The Dark: Using Technology For Basic Academic Support, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Contested Elections As Secret Weapon: Legislative Control Over Judicial Decisionmaking, Matthew Lyon, Judy Cornett

College of Law Faculty Scholarship

No abstract provided.

Nevada Cases Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

Nevada Statutes Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

Nevada Secondary Sources Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

Restatements Of The Law Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Bridging The Digital Divide And Guiding The Millennial Generation's Research And Analysis, Kari Mercer Dalton

Barry Law Review

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 7 (2012).

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator

Catholic University Law Review

No abstract provided.

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 24, Issue 2, Spring 2012.