Legal Writing and Research Commons^™

Alan Watson's Controversial Contribution To Legal Scholarship, Gary Francione

Georgia Journal of International & Comparative Law

No abstract provided.

Reflections On The Life And Times Of Alan Watson, Camilla Watson

Georgia Journal of International & Comparative Law

No abstract provided.

Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre

Library Scholarly Publications

The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The concerns that arise in this complex environmental context extend beyond the scope of traditional legal research resources to include historical, social, scientific, and governmental documents that reside in unique archival collections.

Through the conversation that follows, senior archivist William LeFevre of the Walter P. Reuther Library shares his experience and insights on how archival resources can provide essential support …

Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan

UF Law Faculty Publications

Law schools are being called upon to produce more “practice ready” graduates. To that end, the University of Florida added a librarian-taught first-year Legal Research course to its curriculum. As a result of the course addition, there was an impact on the existing Advanced Legal Research (ALR) course. For the first time, the ALR students had already received legal research instruction. This required adjustments in this higher level course.

Trends In Environmental Law Scholarship 2008-2013, Michael P. Vandenbergh, Linda K. Breggin, David L. Stabb, Emma T. Doineau

Vanderbilt Law School Faculty Publications

As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles published during the previous academic year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic years 2008-2013.

Specifically, this Article reports on the number of environmental law articles published in general law reviews and environmental law journals. We find that although the total varied somewhat from year to year, more than 400 environmental law articles were published each year during the 2008-2013 period. Additionally, …

Building The Canon Of Utah Constitutional Law: Lessons From The Utah Public Interest Standing Doctrine, Jordan Dez

Utah Law Review

In the current era of Utah constitutional case law, the legal community will have to be creative—and even deviceful—to piece together compelling briefs to argue cases under the Utah Constitution. In contrast to the early days of New Judicial Federalism where the court introduced new interpretations into the Utah constitutional dialogue from nothing more than a party’s citation to sister state law, sophisticated briefing is now necessary to succeed on a Utah Constitutional claim. Even where there is little case law or unfavorable prior precedents, practitioners may still find success by raising arguments grounded in the text of the Utah …

Respectful Language In Cba Publications And Communications, Gina Csanyi-Robah, Sean Rehaag

Editorials and Commentaries

No abstract provided.

No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore

Law Faculty Scholarship

This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as matters of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.

Georgia Legal Research - Secondary Source Materials, Deborah Schander, Austin Martin Williams, Ronald E. Wheeler, Terrance Manion, Nancy P. Johnson

Faculty Publications By Year

No abstract provided.

Beyond The E-Reader: Alternative Uses For The Ipad In Libraries, Rachel Evans

Articles, Chapters and Online Publications

Explores how libraries use iPads to improve productivity and maximize staff time. Includes recommendations for using iPads as web development, video conferencing, mobile service point, online polling and self-checkout tools, as well as suggestions for specific productivity apps,

Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.

Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …

Law And Religion In U.S. Legal Scholarship: An Empirical Examination, 2008–2012, James Cleith Phillips

BYU Law Review

No abstract provided.

Digital Commons And Ssrn: Turning Perceived Conflict Into Real Synergy, James M. Donovan, Carol A. Watson

Presentations

Covers the history of SSRN and the development of institutional repositories, how to positively address faculty concerns about losing SSRN download statistics, statistical analysis of downloads on each platform and research behavior, and an overview of the strengths and advantages of each platform.

George Orwell's Classic Essay On Writing: The Best Style Handbook For Lawyers And Judges, Douglas E. Abrams

Faculty Publications

As Orwell's title intimates, the essay included criticism of political writing done by government officials and private observers. The essay's staying power, however, transcends the political arena. By calling on writers of all persuasions to "simplify your English," Orwell helped trigger the plain English movement, which still influences legislators, courts, administrative agencies, and law school legal writing classes.

This article proceeds in two parts. First I describe how judges, when they challenge colleagues or advocates in particular cases, still quote from Orwell's plea for clear expression and careful reasoning. Then I present Orwell's diagnosis of maladies that plagued contemporary prose, …

Writing (And Reading) Appellate Briefs In The Digital Age, Mary Beth Beazley

The Journal of Appellate Practice and Process

No abstract provided.

Ten Items Or Less: A Reflection On The Third Edition Of Bryan Garner's The Winning Brief, Carl S. Kaplan

The Journal of Appellate Practice and Process

No abstract provided.

What Books On Law Should Be, Richard A. Posner

Michigan Law Review

I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession — specifically judges, practicing lawyers, law students, and academic lawyers — plus persons outside the legal profession who are interested in law. I am not interested in which already published books should be retained and which discarded, but in what type of book about law should be written from this day forward. I will …

Writing Lessons From Abroad: A Comparative Perspective On The Teaching Of Legal Writing, Adam Todd

School of Law Faculty Publications

With a few exceptions, American legal writing pedagogy has not been adopted in any meaningful way in foreign countries. At most, it has garnered some attention in Legal English courses, but has otherwise received scant reception in foreign universities and little academic interest by continental and other civil law academics.

The reason transplantation, or “borrowing,” of American legal writing pedagogy has not occurred is due to the deep structural differences between the American legal education system and the education system found in most other countries, especially civil law countries. For example, many law schools in Western Europe require up to …

Fighting Legal Innumeracy, Edward K. Cheng

Vanderbilt Law School Faculty Publications

An old joke quips that lawyers go to law school precisely because they never liked math or were never good at math – and that therefore medical school (or these days, Wall Street) was not an option. While this tired joke may have a kernel of truth, I want to suggest that we should be very wary of internalizing it. Numeracy is a fundamental skill for any intelligent, engaged participant in society, and we lawyers ignore it at our peril. The term “innumeracy” was coined by Douglas Hofstadter in a 1982 article in Scientific American and perhaps made famous by …

Preface, Ken I. Kersch, Linda C. Mcclain

Faculty Scholarship

In an essay in the Texas Law Review not too long ago, Sandy Levinson lamented the degree to which law reviews—most prominently the Michigan Law Review—were sharply cutting down on the space they were devoting to book reviews. This was especially unfortunate as law professors were publishing more and more books. The publication of a book, as opposed to a journal article, was for many a deliberate choice involving an effort to address subjects at greater length, in greater depth, and on a broader scale for a wider scholarly (and perhaps educated popular) audience. Thematic review essays on books, whether …

When You Need To Know, These Are The Places To Go: Investigative Research On The Web, Suzanne R. Graham

Continuing Legal Education Presentations

Provides an overview of the kind of publicly-available information on the Web. Includes tips for how to find vital data about a person (birth and death dates and contact information), about investment and salary, and about prior interactions with court system.

Listicles Of Legal Websites, Wendy Moore

Continuing Legal Education Presentations

Contains 52 carefully selected websites to help legal professionals stay current on legal issues and to help them engage in effective legal research online. Includes blogs, portals, databases, news sites, and general websites.

Savvy Web Searching With Advanced Tools And Techniques, Anne Burnett

Continuing Legal Education Presentations

Discusses several web-searching sites, like Google and Bing, and shows power-searching tips and strategies for crafting effective queries.

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

Guest Blog On Skills: Professor Jan Levine's Legislative Drafting Course At Duquesne, Jan M. Levine

Law Faculty Publications

For more than two decades, at three law schools, I have been teaching an advanced legal writing course that builds upon the foundation created in the first-year writing courses and introduces students to new drafting skills, focusing on statutes and statutory drafting. The final project in the course requires students to solve a personally-identified legal or quasi-legal problem by drafting a report and a statute, ordinance, regulation, procedural rule, or a similar solution.

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

Law Faculty Scholarship

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene

Mercer Law Review

While the practice of law is often equated with writing, many law courses involve little or no writing during the semester, and often only require writing in student assessment. While accredited law schools are required to offer both first-year legal writing instruction and a rigorous writing experience during the second or third year,2 few law schools infuse legal writing throughout a student's three years of law school matriculation. While significant attention is given to the breadth of law taught in law school, more attention must be given to the depth of this knowledge and the application of this knowledge to …

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library: Faculty Publications

This bibliography attempts to include all faculty members at the College of Law beginning in 1892 through the faculty members of the 2012–2013 academic year. We included publications from tenure-track law, law library, and law clinical faculty members and visiting faculty members who were at the College of Law for three or more years. Although we did not include the scholarship of faculty members who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes. We used the Official Bulletin of Nebraska Law and the Nebraska Law Review to …

Vol. 46, No. 02 (January 27, 2014)

Indiana Law Annotated

No abstract provided.