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Legal Writing and Research Commons™

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2014

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Articles 1 - 30 of 148

Full-Text Articles in Legal Writing and Research

Book Review: Stalking Phaedrus: International Legal Structures. David Kennedy. Baden-Baden: Nomos Verlagsgesellschaft, 1987. Pp. 294. 69,-Dm., David J. Bederman Dec 2014

Book Review: Stalking Phaedrus: International Legal Structures. David Kennedy. Baden-Baden: Nomos Verlagsgesellschaft, 1987. Pp. 294. 69,-Dm., David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.


No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg Dec 2014

No Tribal Court Is An Island? Citation Practices Of The Tribal Judiciary, Rose Carmen Goldberg

American Indian Law Journal

No abstract provided.


Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson Dec 2014

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Touro Law Review

No abstract provided.


You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis Dec 2014

You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis

Touro Law Review

No abstract provided.


Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh Dec 2014

Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh

Touro Law Review

No abstract provided.


Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow Dec 2014

Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow

Touro Law Review

No abstract provided.


"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy Dec 2014

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Touro Law Review

No abstract provided.


Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor Dec 2014

Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor

Touro Law Review

No abstract provided.


Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re Dec 2014

Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re

Touro Law Review

No abstract provided.


Book Review: Guide To International Legal Research. The George Washington Journal Of International Law And Economics. Salem, New Hampshire: Butterworth Legal Publishers, 1990., Carol A. Watson Dec 2014

Book Review: Guide To International Legal Research. The George Washington Journal Of International Law And Economics. Salem, New Hampshire: Butterworth Legal Publishers, 1990., Carol A. Watson

Georgia Journal of International & Comparative Law

No abstract provided.


When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter Nov 2014

When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken Nov 2014

The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken

Law Faculty Popular Media

In this article, the author discusses improvements to the Lexis Advance research platform.


Is Federalization Of Charity Law All Bad? What States Can Learn From The Internal Revenue Code, Melanie B. Leslie Nov 2014

Is Federalization Of Charity Law All Bad? What States Can Learn From The Internal Revenue Code, Melanie B. Leslie

Articles

No abstract provided.


The Trouble With Amicus Facts, Allison Orr Larsen Nov 2014

The Trouble With Amicus Facts, Allison Orr Larsen

Faculty Publications

The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …


Books Received, Georgia Journal Of International And Comparative Law Oct 2014

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Sources Of State Practice In International Law, Anne Burnett Oct 2014

Book Review: Sources Of State Practice In International Law, Anne Burnett

Georgia Journal of International & Comparative Law

No abstract provided.


Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft Oct 2014

Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft

Law Faculty Popular Media

In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.


Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown Oct 2014

Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Conveying Titles Clearly: Thoughts On The Fifth Edition Of The Alwd Guide To Legal Citation, Stephen Paskey Oct 2014

Conveying Titles Clearly: Thoughts On The Fifth Edition Of The Alwd Guide To Legal Citation, Stephen Paskey

The Journal of Appellate Practice and Process

No abstract provided.


Uelma: The Uniform Electronic Legal Material Act, Marlene Coir, Virginia C. Thomas Oct 2014

Uelma: The Uniform Electronic Legal Material Act, Marlene Coir, Virginia C. Thomas

Library Scholarly Publications

At the federal, state, and local levels, primary legal materials are increasingly being made available to the public in electronic format. It is a matter of great concern to attorneys and legal researchers that these electronic resources routinely include caveats and disclaimers regarding their authenticity and official status. Until recently, however, state and local governments have seldom guaranteed that these resources would be updated, maintained, and securely archived for the benefit of their citizens. In July 2011, the National Conference of Commissioners on Uniform State Laws approved the text of the Uniform Electronic Legal Material Act (UELMA). As drafted, this …


Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge Oct 2014

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.


Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards Oct 2014

Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards

Scholarly Works

In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …


In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman Oct 2014

In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman

Law Faculty Articles and Essays

This article shows how to use works of art to demonstrate essential components of effective legal writing. Part I discusses the learning theory under pinning the use of visual lessons. Part II describes the lessons themselves. Part III explains the benefits--both direct and indirect--that result from using visual lessons to teach law and summarizes student responses to the use of these lessons in first-year legal writing. The conclusion suggests ways in which this technique might be extended and adapted to teach not only legal writing but also other law school courses.


An Offer They Can’T Refuse: Teaching Persuasive Writing Through A Settlement Offer Email Assignment, Alyssa Dragnich, Rachel H. Smith Oct 2014

An Offer They Can’T Refuse: Teaching Persuasive Writing Through A Settlement Offer Email Assignment, Alyssa Dragnich, Rachel H. Smith

Faculty Publications

(Excerpt)
/="/">Do you catch more flies with honey than with vinegar? Our first-year legal writing students had to confront this question as part of a new assignment we introduced in the spring of 2014 that required them to write an email settlement offer to opposing counsel. This assignment fit easily into our trial and appellate brief assignments, allowed students to learn about persuasive writing in a new format, and helped students experience a bit of the creativity of law practice.

At Miami Law, we follow a fairly traditional model for a two-semester legal writing curriculum. In the fall, students …


The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey Oct 2014

The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey

Journal Articles

When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …


Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver Oct 2014

Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver

Akron Law Faculty Publications

This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …


Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Elizabeth Shaver Oct 2014

Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Elizabeth Shaver

Akron Law Faculty Publications

This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …


They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath Oct 2014

They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath

Akron Law Faculty Publications

Many 1L students do not understand that written comments have different purposes and varying degrees of importance. In addition, students often do not fully appreciate the importance of editing in stages. Color-coding comments is one way to help students both distinguish between different comments and incorporate comments during the revision process.

Color-coded comments are particularly useful early in the semester when students are revising drafts. Color-coded comments allow students to identify the “type” of comment (e.g. organizational vs. grammatical) before reading the substance of the comment, allowing for better comprehension of the comment. In addition, color coded comments can help …


Introduction To The Micro-­‐‑Symposium On Scalia & Garner's “Reading Law”:The Textualist Technician, Karen Petroski Oct 2014

Introduction To The Micro-­‐‑Symposium On Scalia & Garner's “Reading Law”:The Textualist Technician, Karen Petroski

All Faculty Scholarship

Recently, the Green Bag issued a call for short (1,000 words) essays on Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan Garner. We sought “[a]ny theoretical, empirical, or practical commentary that will help readers better understand the book.” The result is this micro-symposium. Our call drew dozens of micro-essays, some thought-provoking, some chuckle-prompting, and some both. Blessed with an abundance of good work but cursed by a shortage of space, we were compelled to select a small set – representative and excellent – of those essays to publish in the Green Bag and its sibling publication, …


From Disability To Usability In Online Instruction, Susan David Demaine Oct 2014

From Disability To Usability In Online Instruction, Susan David Demaine

Articles by Maurer Faculty

This article is a primer on the work needed to ensure accessibility in online instruction. It discusses different disabilities, reviews relevant laws and standards, and explores the relationship between accessibility and the principles of universal design. The article introduces a number of best practices for creating accessibility in online instruction.