Legal Writing and Research Commons^™

What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays

Marquette Intellectual Property Law Review

A key contention of legal writing scholarship is that the legal resolution is rooted in storytelling. The law consists of an endless telling and retelling of stories. Clients tell stories to their lawyers, who must figure out how to frame their client’s narrative into a legal context. Lawyers retell their clients’ stories to judges using pleadings, motions, and legal briefs. Judges and administrators retell these stories in the form of an opinion or verdict.

Storytelling in the legal context is an important element of persuasion. For the purpose of this comment, legal storytelling is defined as the use of fiction-writing …

Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017), Ted L. Field

UIC Review of Intellectual Property Law

Following, or not following, conventions as an attorney may lead to a question of credibility. Particularly with patent law, there are certain conventions and usage errors commonly made by practitioners who are not familiar with patent law. While these errors may be irrelevant in plain English, they are often important components in the specialized language of patent law. This article discusses the importance of these components by examining examples of particular usages that often give rise to error.

Civility And Professionalism In The Law: The Road To Justice Symposium Dedication, Benjamin Greenberg, Gerald Greenberg

St. Thomas Law Review

The Greenberg Family is delighted and honored that this edition of the St. Thomas Law Review is being published in honor of our father, Murray Greenberg. Although we thought of him as just our Dad, we know that he was beloved and deeply appreciated by generations of lawyers, law students, and others throughout South Florida for his contributions to our community and the Bar. This volume, with its emphasis on professionalism and civility in the practice of law, speaks to many of the issues that he cared about most and that he exemplified as a lawyer and a person.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 30, Issue 1, Fall 2017.

Municipal Finance And Asymmetric Risk, Lori Raineri, Darien Shanske

Belmont Law Review

In 2016, both major presidential candidates supported a big increase in federal spending for infrastructure improvements. This is a good thing in light of the state of America’s infrastructure. Given that much of the nation’s infrastructure is owned and maintained by local governments, such proposals require local governments to access the capital markets even more than they currently do. And, as it is, the municipal market is extremely large. In 2015 alone, there were 6,530 “new money” municipal bond issues, totaling nearly $153.86 billion. Looking forward, there is therefore good reason to pause and think about how local governments might …

First Zipcar, Now Uber: Legal And Policy Issues Facing The Expanding “Shared Mobility” Sector In U.S. Cities, Joseph P. Schwieterman, Mollie Pelon

Belmont Law Review

Innovations and technological disruptions in the “sharing economy” are shifting the contours of urban travel in the United States. Carsharing organizations such as car2go and Zipcar have grown exponentially over the past decade, expanding their memberships from 52,347 in 2004 to 1,181,087 in 2015. Ridesourcing companies like Lyft and Uber, which were entirely absent from most U.S. cities as recently as 2010, are now global powerhouses, each reportedly worth billions of dollars. Private investors, after avoiding investments in urban transit services for more than half a century, are now offering venture capital for Bridj, Chariot, and other companies. This Article …

Privileged For Being Stationary: Why The Practice Of Differentiating Between In-State And Out-Of-State Tuition Rates Are Unconstitutional, Hannah Mccann

Belmont Law Review

State universities charging out-of-state tuition prices through the use of durational residency requirements is unconstitutional in violation of the Privileges and Immunities Clause of Article IV for students who come into a state in order to attend school there because the practice hinders the operation of a system of higher education within the nation as a whole by allowing states to confer the privilege of in-state tuition upon residents that people coming into the state from other states do not receive. Additionally, the practice of using durational residency requirements in determining who is eligible for in-state tuition violates the right …

The Effects Of Personal Property Tax Liens On The Rights Of Secured Creditors, Keith Maune

Belmont Law Review

In most states, counties are allowed to tax personal property and may attach liens to the personal property if the taxes are not paid. However, secured creditors may already have a lien on the same personal property, which they perfected by making the appropriate filing as set forth by the Uniform Commercial Code (the “UCC”). The laws that control the relative rights of the counties and the secured creditors vary widely among states. In some states, despite a creditor’s apparent priority under the UCC, a county’s lien can override a creditor’s prior lien, even without any registration or opportunity for …

Not Guilty, Again, Chase Doscher

Belmont Health Law Journal

Historically, there has been little incentive for healthcare and pharmaceutical corporations to adhere strictly to federal administrative regulations. The monetary penalties, while in the billions of dollars, have paled in comparison to the profits reaped by the unlawful marketing, off-label usages, and fraudulent billing to federal healthcare programs. In 2015, former Attorney General, Sally Yates, issued the now famous Yates Memorandum to take the first step in curbing this trend of corporate misconduct. Through this memorandum, the Department of Justice reaffirmed its commitment to prosecuting not only corporations, but to hold their executives personally liable for regulatory violations committed under …

The Expansion Of The “Right To Die”: Physician-Assisted Suicide, Concepts Of State Autonomy & The Proper Political Process For Legalization, Zachary Gureasko

Belmont Health Law Journal

Physician-assisted suicide has been the subject of fierce debate over the past few decades, and there is no doubt that it is an extremely sensitive issue with compelling arguments from both its detractors and its supporters. Its opponents usually refer to the practice of physician-assisted suicide by either that name, simply “suicide”, or euthanasia. Advocates of physician-assisted suicide term the procedure as physician-assisted death, physician aid in dying, or “death with dignity.” This Note will use the term “physician-assisted suicide”, as that seems to be the most neutral way to term the practice. In order to make sure that the …

New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger

Notre Dame Law Review Reflection

This Essay argues that conceptualizing emerging legal technologies using inherited research metaphors is like pouring new wine in old wineskins—it simply doesn’t work. This Essay proposes to replace outdated research metaphors with updated metaphors that can provide the fresh wineskin to conceptualize current research challenges.

A Quick Word About Technology Competence: The University At Buffalo School Of Law’S Microsoft Word Training Program, Brian T. Detweiler

Law Librarian Journal Articles

No abstract provided.

That's A Wrap, Shannon M. Roddy

Newsletters & Other Publications

Law Library Lights, vol. 60, issue 4

Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles

The Modern American

No abstract provided.

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello

UIC Law Review

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …

Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell

UIC Law Review

So I ask the rhetorical question: “Who’s Gonna Take the Weight?” to mobilize law professors—the people responsible for shaping students’ professional identities—to use storytelling techniques to overcome the corrosive effects of stereotypes and implicit biases on controversial clients’ access to legal services and on the lawyer’s professional identity as a social engineer. This article precedes in two parts. Part II explores traditional client selection models and endorses a Houstonian approach to client selection, one that acknowledges the challenges of representing controversial clients within a framework that also acknowledges the social justice consequences of denying representation to controversial clients. Part III …

Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

Experiential Learning And Assessment In The Era Of Donald Trump, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and list-serv activity to prepare to implement these standards effectively. Missing from the dialogue about effective implementation of standards has been thoughtful consideration of how implementing these requirements will intersect with the challenges, realities, opportunities, and complexities of political divisiveness and polarization so prevalent in society and university campuses today.

Law schools are notably implementing these pedagogical …

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

UIC Law Open Access Faculty Scholarship

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …

Basic Bluebooking In Legal Documents, Cynthia Pittson

Elisabeth Haub School of Law Faculty Publications

Three tip sheets on basic Bluebooking in legal documents presented as tables. The tables include the relevant rules, formulas for the basic citations, and examples for federal and state cases, federal and state statutes, and secondary sources (law review articles, newspaper articles, books and treatises, and other frequently used sources). These were developed for use in the first-year Legal Skills course at the Elisabeth Haub School of Law at Pace University. NOTE: THESE TIP SHEETS ARE TRACKED TO THE PRIOR (20TH EDITION) OF THE BLUEBOOK.

A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz

Michigan Telecommunications & Technology Law Review

With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy …

E. B. White Could Nod Too: Thoughts Occasioned By Reading “Death Of A Pig”, Erik M. Jensen

Faculty Publications

This is an essay on grammar and writing, with extended consideration of the value of Strunk & White as a guide. Although the essay defends Strunk & White against several of that volume’s strongest critics, it also illustrates that even the best writers—and E. B. White was terrific, as was Antonin Scalia—sometimes make mistakes. (At great, perhaps excessive, length, the essay dissects a problematic passage in White’s “Death of a Pig.”) We should learn from those mistakes, not accept them as inevitable.

Amici Curiae In The United States Supreme Court And The Australian High Court: A Lesson In Balancing Amicability, 51 J. Marshall L. Rev. 81 (2017), Benjamin Robert Hopper

UIC Law Review

No abstract provided.

Judicial Perspectives Series, Roger A. Page

Belmont Law Review

A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.

Pumping 9 To 5: Why The Flsa’S Provisions Provide Illusory Protections For Breastfeeding Moms In The Workplace, Kierstin Jodway

Belmont Law Review

On March 30, 2010, former President Barack Obama signed into law the Patient Protection and Affordable Care Act, which amended the Fair Labor Standards Act (“FLSA”) of 1938. Due to this amendment, the FLSA now requires employers to provide workplace accommodations for working mothers who wish to continue expressing breast milk after returning to work. Although this legislation was intended to be a step in support of transforming the role of women in the workplace, in practice its protections fail to advance the legal policies and progressive changes to the American workplace that our society has tirelessly pushed for. This …

References To Football In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

Writing for the Court,Justice Elena Kagan explained that the dual bases of liability, recited in Section 11 of the Securities Act of 1933, are not "an invitation to Monday morning quarterback an issuer's opinions" if the opinions later prove incorrect. The Court thus spurned second-guessing from the relative comfort of hindsight. With her nod to football, justice Kagan employed a rhetorical technique that justices and lower federal and state judges have employed with increased frequency since the early 1970s. In cases with no claims or defenses concerning sports, written opinions help decide or explain issues of law or fact with …

An Empirical Study Of Law Journal Copyright Practices, 16 J. Marshall Rev. Intell. Prop. L. 207 (2017), Brian Frye, Christopher Ryan, Franklin Runge

UIC Review of Intellectual Property Law

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright …

Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn

UF Law Faculty Publications

Although the impact of conflicting interests is of constant concern to those in legal education and other fields, a recent scholarly article and an extensive analysis in the New York Times suggest the problem is more pressing than ever. In the context of legal scholarship the problem arises when a professor is, in effect, employed by two entities. Disclosure of possible conflicts is the most commonly proposed response. The article argues that disclosure is merely a risk shifting devise that does not fully address the issue of bias. It draws on comparisons with products liability and legal ethics to suggest …

Foreword: St. Thomas Law Review Volume 20 Anniversary Issue, Alfredo Garcia

St. Thomas Law Review

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 29, Issue 2, Spring 2017.