Legal Writing and Research Commons^™

Foreward, Kirsha Trychta

Duquesne Law Review

No abstract provided.

Changing Gears To Meet The "New Normal" In Legal Education, Courtney G. Lee

Duquesne Law Review

No abstract provided.

Do Med Schools Do It Better?: Improving Law School Admissions By Adopting A Medical School Admissions Model, Rebecca C. Flanagan

Duquesne Law Review

No abstract provided.

Are We There Yet?: Aligning The Expectations And Realities Of Gaining Competency In Legal Writing, Sherri Lee Keene

Duquesne Law Review

No abstract provided.

Of Moby Dick And Tartar Sauce: The Academically Underprepared Law Student And The Curse Of Overconfidence, Ruth Vance, Susan Stuart

Duquesne Law Review

No abstract provided.

Eye Of The Beholder: How Perception Management Can Counter Stereotype Threat Among Struggling Law Students, Catherine Christopher

Duquesne Law Review

When individuals belong to a group about which there is a negative stereotype, their fear of confirming that stereotype will often suppress their performance ability. This phenomenon is known as "stereotype threat," and it has been documented with regard to gender, race, age, social class, athletic ability, and any number of other classifications, so long as a negative stereotype exists about that group.

Law students with low grade point averages (GPAs) are at greater risk than their higher-GPA peers of failing the bar exam, and they know it. Left unchecked, the pressure of this correlation the stereotype threat-may itself depress …

Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown

Duquesne Law Review

No abstract provided.

The Cure For The Distracted Mind: Why Law Schools Should Teach Mindfulness, Shailini Jandial George

Duquesne Law Review

No abstract provided.

Drawing Inspiration From The Flipped Classroom Model: An Integrated Approach To Academic Support For The Academically Underprepared Law Student, Susan D. Landrum

Duquesne Law Review

No abstract provided.

The Law And 3d Printing, 31 J. Marshall J. Info. Tech. & Privacy L. 505 (2015), Jasper Tran

UIC John Marshall Journal of Information Technology & Privacy Law

Recent years have seen extraordinary growth in the amount of legal scholarship and practice at the intersection of law and 3D printing. To help navigate this emerging field of 3D printing law, I created the accompanying Law and 3D Printing Bibliography. The published bibliography presented herein contains over 100 entries. The brief introductory comments to the published piece discuss the creation and contents of the bibliography, and provide suggestions for where one should begin their research in the area. The comments focus on (1) 3D printing‘s background, (2) historical growth pattern of law and 3D printing scholarship, (3) identification of …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 27, Issue 1, Spring 2015.

Legislating Autism Coverage: The Conservative Insurance Mandate, Lori Shealy Unumb

Belmont Law Review

Since 2007, numerous state legislatures have enacted insurance mandates relating to treatment for autism. In the absence of an autism insurance mandate, health insurers typically do not cover “one of the most commonly prescribed therapies” for autism, which is an intensive therapeutic intervention based on Applied Behavior Analysis (commonly called “ABA therapy”). The autism insurance mandates that have swept the nation during the last decade require coverage for ABA therapy and other care that is ordered by a physician and deemed medically necessary to treat autism. This article (1) examines why so many legislatures that traditionally resist insurance mandates embrace …

Restoring The Parameters Of Public Health In A Time Of Hobby Lobby And Ebola: The Case For A Wellness Account, John D. Blum

Belmont Law Review

The genesis of this piece lies in two seemingly unrelated events in law and public health, the governmental response to the Ebola crisis, and the U.S. Supreme Court ruling in Burwell v. Hobby Lobby, sparked by religious objections to certain employer mandates under the Affordable Care Act. While this essay focuses on the Burwell v. Hobby Lobby case and not Ebola, its core premise is that health policy is best served when government authorities focus strategies and responses within the parameters of individual and population concern. This piece will propose an alternative approach to women’s health promotion, a wellness account, …

Free Conscience In Decline: The Insignificance Of The Free Exercise Clause And The Role Of The Religious Freedom Restoration Act In The Wake Of Hobby Lobby, John Fahner

Belmont Law Review

Unfortunately, the modern Free Exercise Clause doctrine favors a progressive interpretation concerned more with efficiency and practicality than meaningful protection of conscience. Individual liberty of conscience, once present in the American legal understanding of free exercise, is no longer a concern of the First Amendment. A truly panacean remedy requires an introspective look into the foundations of the Free Exercise Clause and a careful evaluation of the justifications for the jurisprudential departure therefrom. To that end, this note seeks to reinforce the importance and historical understanding of the Free Exercise Clause and highlight the incongruities of the modern doctrine in …

Striking A Balance: A Proposed Amendment To The Federal Rules Of Evidence Excluding Partial Apologies, Chandler Farmer

Belmont Law Review

Regarding evidentiary protection for apologies, this note seeks to strike a balance by advocating for the approach adopted by a majority of states: evidentiary protection for some, but not all apologies. Such an approach, while not perfect, aligns the competing interests of encouraging the legal, psychological, and emotional benefits that accompany apologies with preserving a plaintiff’s right to utilize probative evidence. By way of introduction, section one of this note briefly discusses the current legal treatment of apologies in United States jurisdictions. Section two compares the advantages of excluding apologetic statements from evidence with the disadvantages of such evidentiary protection …

Summing It Up With Panache: Framing A Brief's Summary Of The Argument, 48 J. Marshall L. Rev. 991 (2015), Judith Fischer

UIC Law Review

Experts have called an appellate brief’s summary of the argument section “the most important part of a brief,” its “structural centerpiece,” and “your first serious opportunity to argue the merits of your appeal.” Two theories, framing theory and priming theory, help explain why the summary is so important. Framing theorists define a frame as a mental structure that provides a lens through which a recipient will “locate, perceive, identify, and label” an experience. The way a point is framed affects what readers focus on when forming their opinions. A similar concept, priming theory, holds that exposing a reader to chosen …

Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

Stubborn Things: An Empirical Approach To Facts, Opinions, And The First Amendment, Daniel E. Herz-Roiphe

Michigan Law Review First Impressions

This essay offers an empirical approach to the problem, rooted in an argument that the underlying rationale for the fact/opinion distinction in compelled speech doctrine tells us something about how this distinction should be policed. Commercial speech enjoys protection by virtue of its value to listeners, it is from the listener's vantage point, then, that courts should assess whether a compelled disclosure is fact or opinion. And if we are interested in learning how disclosures will affect listeners, we might try asking them, just as courts adjudicating trademark suits frequently use consumer surveys to determine how customers understand the meaning …

Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture

Articles

No abstract provided.

Turning Student Opinions Into Compelling Narratives, Jill Barton

Articles

No abstract provided.

International And Foreign Tax Research, Jason Zarin

Law Faculty Publications

Tax research often strikes fear in the heart of lawyer and librarian alike, and foreign and international tax research, doubly-so. Fortunately, the resources available for tax research are top-notch, which should enable your research to proceed painlessly.

This article will look at resources and tools for finding model and in-force bilateral tax treaties; foreign tax law in both English and vernacular; and newsletters for keeping abreast of current issues in international and foreign tax law.

Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman

Law Faculty Scholarship

This Article embraces neither the narrow nor broad conceptualization of a public official employed currently by state and lower federal courts but instead suggests revisiting the Rosenblatt formulation and the one clear limitation set forth by Hutchinson that whatever the scope of public officialdom may be “it cannot be thought to include all public employees.” Though not all speech about government employees should be deemed to be related to their official capacity, all government employees should be considered public officials, and speech related to their official conduct should be safeguarded by the actual malice standard. To explain and support this …

Mind The Gap: Teaching Research As A Fluid, Ever-Present Concept In The First-Year Legal Research And Writing Classroom, 66 Mercer L. Rev. 651 (2015), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

This Article presents a brief summary of the available research on those students who have used computers throughout their entire educational careers, including their strengths, their weaknesses, and how they differ from their instructors-many of whom did not use computers to any significant degree for research during college and law school. This Article asserts that these differences are cultural and argues that, in the interest of better educating and preparing our students to become lifelong learners who are equipped to self-assess their research, law school teachers must adjust their teaching styles to not only teach to these students' strengths and …

Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Justice And Law Journals, Gabriel "Jack" Chin, Adam B. Wolf

Michigan Journal of Race and Law

What is the role for a law journal in advancing justice? What is the role of a justice-minded practitioner in furthering legal scholarship? And what is the intersection—practically and normatively—for law journals, legal scholars, practitioners, and justice? This brief Article attempts to lay a foundation for answering these important, but oft-neglected, questions. In the following conversation, a frequent contributor to the Michigan Journal of Race & Law (MJRL) and a former Editor-in-Chief of the Journal posit some ideas on how legal scholarship engages with justice, and how race-conscious practitioners can interact with race-conscious legal scholars.

Legal Research Using Technological Tools: Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis

Law Faculty Contributions to Books

The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles. No longer simply storehouses of print information, libraries but now serve as starting points for searching online information that can be be accessed anywhere, any time and on any device. Library research that used to take hours or days can now be done in minutes. Online materials …

Privacy And Competing Library Goals: How Can Library Directors Lead When Values Collide?, Anne Klinefelter

Faculty Publications

No abstract provided.

Angst, Technology, And Innovation In The Classroom: Improving Focus For Students Growing Up In A Digital Age, Karin Mika

Law Faculty Articles and Essays

Many professors in legal education have noticed increased angst in students, who fear that well-paying jobs are scarce. Often, that angst is manifested in the classroom. Some educators blame the phenomenon on the distractions of technology—but more specifically, the author finds that technology has brought all of our stressors to the fore, affecting concentration and the ability to absorb information. This article addresses the extent to which technology has changed the ways that people navigate the world within the span of only a few generations, and how the author continues to adjust her teaching techniques in her technology-oriented classroom in …

John William Wallace (February 17, 1815-January 12, 1884): An Appreciation Upon The Two Hundredth Anniversary Of His Birth, Joel Fishman

Law Faculty Publications

In 2015 we celebrated the two hundredth anniversary of the birth of John William Wallace-librarian, court reporter, historian-who was born February 17, 1815 in Philadelphia and died on January 12, 1884. Known mostly as a reporter for the U.S. Supreme Court, this short biography tries to expand on some of the other accomplishments of his life. He was the son of John Bradford Wallace and Susan Binney, sister of the eminent Philadelphia lawyer, Horace Binney and descendant of the two famous printers in Pennsylvania, two William Bradfords in colonial Pennsylvania. Wallace studied law in his father's office and John Sergeant. …

State Documents Bibliography: Florida, Shira Megerman, Patricia Morgan

UF Law Faculty Publications

The Florida State Documents Bibliography is a comprehensive document containing historic information on state documents published in Florida. The Bibliography includes information on Florida’s constitutions, legislative, judicial, and executive legal materials. Secondary sources, reference materials, and libraries open to the public are also included.