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Legal Writing and Research Commons™

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2013

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Articles 31 - 60 of 141

Full-Text Articles in Legal Writing and Research

Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said Jun 2013

Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said

Washington Law Review

This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure. The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …


Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler Jun 2013

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …


Book Review - Henke: California Law Guide, Second Edition, Nancy J. Kitchen May 2013

Book Review - Henke: California Law Guide, Second Edition, Nancy J. Kitchen

Pepperdine Law Review

No abstract provided.


When Is Copying Ok In Legal Writing?, Diane B. Kraft May 2013

When Is Copying Ok In Legal Writing?, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft discusses the best practices for copying in legal writing.


Res Ipsa Non Loquitur: The Writing Of Opinions, Harold H. Kolb Jr. Apr 2013

Res Ipsa Non Loquitur: The Writing Of Opinions, Harold H. Kolb Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Nine Secrets For Living With Judges , J.P. Vero Apr 2013

Nine Secrets For Living With Judges , J.P. Vero

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Professional Legal Writing Declaring Your Independence, Patrick R. Hugg Apr 2013

Professional Legal Writing Declaring Your Independence, Patrick R. Hugg

Journal of the National Association of Administrative Law Judiciary

This article proposes two controversial assertions about the writing of many lawyers and judges today and offers a central theme for improving that writing. These bold propositions are offered in an effort to awaken and perhaps inspire the legions of overworked, harried legal scriveners inhabiting our legal community to adopt a new methodology of writing. Too many legal writers today are forced by the various (nefarious) circumstances of their work to crank out reams of hastily conceived and poorly edited text. The time has arrived for us to admit to this unacceptable state of affairs and to declare independence from …


Administrative Decision Writing , Irvin Stander Apr 2013

Administrative Decision Writing , Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Professional Writing Methodology , Patrick R. Hugg Apr 2013

Professional Writing Methodology , Patrick R. Hugg

Journal of the National Association of Administrative Law Judiciary

Characterizing attorneys as professional writers, in the literary sense, who just happen to work in the legal milieu, this article discusses the author’s principles of “Professional Writing Methodology.”


Style In Judicial Writing, Griffin B. Bell Apr 2013

Style In Judicial Writing, Griffin B. Bell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost Apr 2013

The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence Column, Paul R. Troeh Jr Apr 2013

Evidence Column, Paul R. Troeh Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Searching For The Nano-Needle In A Green Haystack: Researching The Environmental, Health, And Safety Ramifications Of Nanotechnology, Taryn L. Rucinski Apr 2013

Searching For The Nano-Needle In A Green Haystack: Researching The Environmental, Health, And Safety Ramifications Of Nanotechnology, Taryn L. Rucinski

Pace Environmental Law Review

This Article will attempt to serve as a primer by demystifying the process of how to efficiently locate resources discussing the environmental health and safety (EHS) impacts of nanotechnology in the United States (U.S.). Part I of this Article begins with an examination of basic strategies for conducting research in the EHS nanotech field. Part II focuses on traditional legal resources such as texts, treatises, encyclopedias, as well as law review and journal articles. Part III examines such non-legal resources as reports, scientific studies, internet sites and other current awareness services. This last section is followed by a brief conclusion.


The Art Of Legal Writing, Thomas E. Spahn Apr 2013

The Art Of Legal Writing, Thomas E. Spahn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Getting To "Plain Language", Ellen E. Hoffman Apr 2013

Getting To "Plain Language", Ellen E. Hoffman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Pilot Using Overdrive: E-Lending In Academic Law Libraries, Nina E. Scholtz Apr 2013

A Pilot Using Overdrive: E-Lending In Academic Law Libraries, Nina E. Scholtz

Cornell Law Librarians' Publications

E-books are not just for popular reading; legal publishers are entering the e-book market as well. Major publishers are launching e-book platforms and offering law libraries the opportunity to purchase both individual titles and collections of electronic books that they also offer in print. With increasing signs of a strong future for e-books, and possibly for e-lending as well, in spring 2012 Cornell Law Library decided to pilot OverDrive for the Cornell Law School community. By embarking on a pilot of the OverDrive service, we could test the waters of e-lending in a cost-efficient way that would not be prohibitive …


Mobile Apps For Legal Research On The Go, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Apr 2013

Mobile Apps For Legal Research On The Go, 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.


A Global Approach To Legal Writing And Legal Research: An Evolutionary Process, Diane Edelman Apr 2013

A Global Approach To Legal Writing And Legal Research: An Evolutionary Process, Diane Edelman

Faculty Scholarship

No abstract provided.


Sight And Sound In The Legal Writing Classroom: Engaging Students Through Use Of Contemporary Issues, Karin M. Mika Apr 2013

Sight And Sound In The Legal Writing Classroom: Engaging Students Through Use Of Contemporary Issues, Karin M. Mika

Law Faculty Articles and Essays

Using the Fair Use Act as the basis of a research problem done in conjunction with YouTube music videos presents a variety of ways to demonstrate the range of situations in which the Fair Use Act might apply. Karin Mika discusses ways to force students to think in depth about various scenarios while comparing and contrasting them. As an example, when comparing two similar musical compositions using a Fair Use factor analysis, one need only concentrate on the notes and the various choruses in the songs. However, when combining a song with a video, the nature of the composition changes. …


Oscola, The Oxford Standard For Citation Of Legal Authorities, John Kleefeld Apr 2013

Oscola, The Oxford Standard For Citation Of Legal Authorities, John Kleefeld

Dalhousie Law Journal

With the publication of the fourth edition of OSCOLA (the first being in 2000), the Oscolites, if I may adopt such a term, have issued an implicit challenge to other contenders in the world of legal citation. I suggest that the challenge has four prongs. The first aims at what may be called the "hegemony of uniformity."' The second, at a tendency to what Judge Posner has declaimed as "hypertrophy" in the size of legal citation manuals. The third, at barriers to accessing such manuals. And the fourth prong, gentler and more tentative than the other three, at the notion …


A Brief Guide To Finding International Treaties, Jennifer Sekula Apr 2013

A Brief Guide To Finding International Treaties, Jennifer Sekula

Library Staff Publications

No abstract provided.


Teaching Westlawnext: Next Steps For Teachers Of Legal Research, Ronald E. Wheeler Apr 2013

Teaching Westlawnext: Next Steps For Teachers Of Legal Research, Ronald E. Wheeler

Faculty Scholarship

As a follow up to his earlier piece titled "Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research," Professor Wheeler here explores strategies for teaching students to effectively research using the WestlawNext legal research platform. He focuses on challenging law librarians and other teachers of legal research to embrace change, to innovate and to devise research exercises that highlight both the advantages and the alleged pitfalls of WestlawNext. In particular, Professor Wheeler discusses source selection, filters, addressing the volume of results, esoteric content, and Boolean searching.


But Can You Dance To It?: A Greatest Hits Mixtape Of Legal Websites, Wendy Moore Mar 2013

But Can You Dance To It?: A Greatest Hits Mixtape Of Legal Websites, Wendy Moore

Continuing Legal Education Presentations

Provides a vetted listed of highly-useful websites for conducting legal research at the local, state, national, and international levels.


Don't Panic: The Lawyer’S Guide To Making Your Own Mobile App, Jason Tubinis Mar 2013

Don't Panic: The Lawyer’S Guide To Making Your Own Mobile App, Jason Tubinis

Continuing Legal Education Presentations

Provides overview of steps used to create a personal mobile app.


Appapalooza: Valuable Legal And Productivity Apps For Your Smart Phone Or Tablet, Tj Striepe Mar 2013

Appapalooza: Valuable Legal And Productivity Apps For Your Smart Phone Or Tablet, Tj Striepe

Continuing Legal Education Presentations

Presents helpful tools and programs to make legal research and general office work more efficient and portable.


Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek Mar 2013

Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek

Journal of the National Association of Administrative Law Judiciary

Federal, state, and local governments issue hundreds of thousands of administrative decisions annually. Considering the number of encounters the public has with administrative appeal agencies, administrative decisions may be the largest category of legal writing and reading interaction the public has with the legal system. Many of these agencies have identified writing quality - however they define it - as a priority in their strategic plans, but the overwhelming number of hearings and decisions, coupled with regulatory guidelines for timeliness, may subordinate this goal to other management priorities. Improving the quality of administrative decisions at these agencies presents a practical …


Shelby County V. Holder: Brief Of Amici Curiae Ellen D. Katz And The Voting Rights Initiative In Support Of Respondents, Ellen D. Katz Feb 2013

Shelby County V. Holder: Brief Of Amici Curiae Ellen D. Katz And The Voting Rights Initiative In Support Of Respondents, Ellen D. Katz

Appellate Briefs

The Voting Rights Initiative ("VRI") at the University of Michigan Law School is a faculty-student collaborative research venture under the direction of Professor Ellen D. Katz. In 2005, VRI undertook a comprehensive analysis of all cases involving claims brought under Section 2 of the Voting Rights Act since 1982 that resulted in one or more decisions published in a federal reporter or available on Westlaw or Lexis-a total of 763 decisions in 331 lawsuits. Each case was evaluated and catalogued based on a variety of factors, including whether it involved a jurisdiction "covered" under Section 5, the substan- tive outcome, …


Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway Feb 2013

Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway

Faculty Publications By Year

No abstract provided.


What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart Feb 2013

What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart

Law Faculty Scholarship

One of the signature achievements of the Obama Administration is the Affordable Care Act. The Act represents a massive change to the country's healthcare system that includes an individual mandate requiring certain individuals to purchase health insurance or pay a penalty. In 2012, the U.S. Supreme Court upheld this individual mandate under Congress's taxing power. This Comment will examine the implications of the Court's decision on the individual mandate and the Court's taxing power analysis. A primary objective of the Act is to have more Americans covered by health insurance. This Comment suggests the Court's decision may ultimately result in …


Editing Law Reviews: Some Practical Suggestions And A Moderately Revolutionary Proposal , James C. Raymond Jan 2013

Editing Law Reviews: Some Practical Suggestions And A Moderately Revolutionary Proposal , James C. Raymond

Pepperdine Law Review

No abstract provided.