Legal Writing and Research Commons^™

Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Firm Economics And Professionalism, Ward Bower

Dickinson Law Review (2017-Present)

Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.

Both authors accurately assess the state of the …

Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan

Dickinson Law Review (2017-Present)

No abstract provided.

Collaborative Relationships Between Law Librarians And Legal Writing Faculty, Susan Azyndar, Ingrid Mattson

Journal Articles

From the Introduction

How would you characterize the professional relationship between law librarians and legal writing faculty in your law school? Satisfying? Productive? Fraught? Nonexistent? Given law schools’ great demands on these groups’ time and talents and the ABA’s increased emphasis on experiential skills, law librarians and legal writing faculty should strive to develop a meaningful dialog. In this way, each group will better understand what the other can provide in terms of expertise, and the two groups can develop a mutually beneficial work dynamic.

Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore

Law Faculty Scholarship

This Article examines the procedural due process implications of Executive Order 13769, the 2017 “travel ban,” within the broader historical framework of Supreme Court immigration jurisprudence. Although the Ninth Circuit suggested that the Order might violate procedural due process, the Article argues that such a claim, even if successful, would offer limited substantive protection. Tracing the development of the plenary power doctrine from Chae Chan Ping through Knauff, Mezei, Fleuti, Plasencia, and Zadvydas, the Article demonstrates that procedural due process in immigration law has historically been constrained by deference to the political branches. Even when …

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT people and …

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

Writing Lockdowns: A Path To Mindful Writing, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

As is often said, lawyers are writers. Thus, good writing is critical for success in the law. Yet even the best writers sometimes struggle. The writing process may include peaks and valleys, starting out in the “forest of delusions of grandeur,” and then traveling into “crippling insecurity-ville.” Along the way, procrastination and writer’s block may contribute to feelings of being overwhelmed when writing efforts stall and deadlines loom. Layer on the fast-paced digital world of constant multi-tasking and hyperconnectivity to e-mail, social media, and text-messaging, and writers can be left feeling distracted and frazzled while their focus decreases and their …

The History Of The West Virginia Code, Robert W. Kerns Jr.

West Virginia Law Review

No abstract provided.

Debate, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe

Cornell Law Review

No abstract provided.

Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe

Articles

In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …

Judge Kozinski Objects, Beth H. Wilensky

Articles

Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …

Debate, Christopher Serkin, Richard Primus, Kevin M. Stack, Nelson Tebbe

Vanderbilt Law School Faculty Publications

In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant.

This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …

Law Library Blog (September 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu

Articles

The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Registration, Seattle University School Of Law

Western Regional Legal Writing Conference

No abstract provided.

Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's "Time To Blossom", Paul Jerome Mclaughlin Jr.

Library Faculty Publications

In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.

Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's “Time To Blossom”, Paul Mclaughlin

Law Library Faculty Scholarship

In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.

Citation: Paul Jerome Mclaughlin, Jr. (2017) Finding the Theory and Method for the Pedagogy of Teaching Legal Research: A Response to Callister's “Time …

Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Words Under The Words, Patrick Barry

Articles

The words lawyers choose can change the decisions people make. Psychologists call the mechanics of this change “framing.” They’ve found, for example, that more people will decide to have a surgery if they are told that the “survival rate is 90%” than if they are told that the “mortality rate is 10%” — even though a survival rate of 90% is exactly the same as a mortality rate of 10%. They’ve also found that having to pay a “surcharge” for using a credit card rankles people (especially people in the credit card lobby) more than if they were simply told …

Closing The Legal Aid Gap One Research Question At A Time, Kathleen Elliott Vinson, Samantha A. Moppett

Suffolk University Law School Faculty Works

Currently, two of the hot topics in legal academia are “access to justice” and experiential learning. The justice system’s failure to adequately serve all people irrespective of wealth and position has brought access to justice to the forefront. Experiential learning has made the headlines due to the recent changes in the American Bar Association standards regarding the incorporation of experiential learning into the law school curriculum. Despite being hot topics, these issues are often neglected or given short shrift in the law school curriculum, particularly in the first year. Law schools grapple with how to work towards closing the legal …

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.

Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 400 n.78 (2017), available at http://scholar.law.colorado.edu/articles/755/.

Cuban Law & Legal Research: A Snapshot During The Deshielo: A Handout Prepared To Accompany Program D4, American Association Of Law Libraries Annual Meeting & Conference, Austin, Texas, July 17, 2017, Julienne Grant, Marisol Floren-Romero

Faculty Publications & Other Works

Researching Cuban law poses numerous challenges for U.S. researchers. These challenges run the gamut from an inadequate understanding of Cuban sources of law, to unwieldy government websites. This guide addresses those challenges head on by providing a snapshot of Cuban law and an assessment of Cuban legal resources. The guide served as a handout to accompany the program, “Cuban Law and Legal Research: A Snapshot During the Deshielo,” presented at the American Association of Law Libraries’ Annual Meeting & Conference on July 17, 2017, in Austin, Texas.

Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky

Law School Blogs

No abstract provided.

Proquest Regulatory Insight, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.

The Pesky Serial Comma, Douglas E. Abrams

Faculty Publications

The "serial comma" - sometimes called the "Oxford comma" or the "Harvard comma"- comes immediately before a conjunction that separates the last of three or more elements in a series. For example, consider the trio "ready, willing, and able." Consider too "win, lose, or draw." The serial comma is the one immediately before the "and" or the "or." In statutes or private arrangements, a comma's presence (or, as in O'Connor, its absence) may hold high stakes for litigants.

Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore

Law Faculty Scholarship

This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, …

Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin

Presentations

Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.

One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize …