Legal Writing and Research | Open Access Articles

Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

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Pepperdine Law Review Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.

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The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore

Belmont Law Review

In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …

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Crafting Relatable Tales: Teaching Students The Importance Of Multidisiplinary Legal Research Using A Story Arc Structure, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

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Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

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Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

All Faculty Scholarship

No abstract provided.

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Micro Essay, Alex Zhang

Scholarly Articles

Ideally, you would want a database that contains everything possible. But life is not perfect, especially when you are already stranded on a deserted island. I would take a magic citator service, which provides the subseque nt history of every single primary source of law: not just cases, statutes, or regulations, but all agency decisions, trial court orders, municipal codes, and ethics opinions, etc. The one that is not only a citation index of legal resources but a “citation index” w/2 (legal-rule! or legal-standard!). May my wish come true (citator % “deserted island!”).

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Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual

College of Law Faculty Scholarship

No abstract provided.

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Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

Scholarly Works

No abstract provided.

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Astonishingly Excellent Success Or Sad! Loser! Failure: Why President Trump’S Legal Narratives “Win” With Some Audiences And “Lose” With Others, Cathren Page

Articles

While President Trump is often called a liar and various commentators have analyzed his rhetorical approach, little has been said about storytelling's role in his wins and losses. Trump’s narratives about legal issues enjoy wild success with his supporters, amuse some critics, and terrify others. Thus far into his presidency, his legal narratives have often failed with courts. With nearly sixty-three million American voters backing Trump, scholars and students of persuasion cannot ignore his successes. However, with over sixty-five million Americans voting against him and various court’s ruling against him, scholars and students of persuasion also cannot ignore his failures. …

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Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul McLaughlin, Crafting Relatable Tales: Teaching Students the Importance of Multidisciplinary Legal Research Using a Story Arc Structure, 43 Southeastern L. Libr. 1, 16-18 (2018).

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Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik

Articles

Skynet is not and may never be self-aware, but machines are al-ready doing legal research, drafting legal documents, negotiating disputes such as traffic tickets and divorce schedules, and even drafting patent applications. Machines learn from us, and each other, to augment the ability of lawyers to represent clients—and even to replace lawyers completely. While it also threatens lawyers’ jobs, the exponential increase in the capacity of machines to transmit, store, and process data presents the opportunity for lawyers to use these services to provide better, cheaper, or faster legal representation to clients. By way of familiar example, instead of determining …

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No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro

Belmont Law Review

This Article’s thesis is simple—because public university administrators are no more angelic than other constitutional actors are, the judiciary’s deference to higher education officials must end. There is no reason for greater deference to the academy than to other governmental units. Instead, judges must subject higher education administrators to the same skepticism and doubt as other constitutional actors. This Article has three parts. Part I examines how the Courts treat academe’s constitutional actors more deferentially than constitutional actors in other spheres. Specifically, it discusses different approaches concerning racial preferences, student religious groups’ freedom of association, and due process for students …

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The Problem Of Intradistrict Inequality, Kristen E. Murray

Belmont Law Review

American elementary and secondary school students have dramatically different educational experiences depending on the school in which they are enrolled. This raises an important question: where should we look to determine where any inequalities might lie? This Article discusses five different factors that contribute to inequalities within school districts. Part I addresses each of these in turn: school segregation; resource inequalities; gaps in private fundraising; school district secession; and the limitations of school choice. Taken together, these factors suggest that intradistrict inequalities create a complicated and difficult problem to solve. It is therefore imperative that if we are going to …

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Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez

Belmont Law Review

In the essay, the authors examine the permissibility of student speech zones under the First Amendment. Related to this discussion, the essay also considers recent state legislative efforts to prohibit public colleges and universities from enforcing such campus speech zones. The authors are supportive of legislative measures related to speech zones, but several provisions in proposed state laws and model legislation go beyond this issue and would potentially undercut student free speech rights and unduly interfere with institutional autonomy to manage and respond to issues involving speech and expression on campus. Instead, legislators should exercise restraint when it comes to …

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Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell

Belmont Law Review

In determining whether an officer’s use of the Emergency function of a phone is a search, it is important first to lay a foundation for why the Constitution provides protection against searches in the first place. Part I of this Note will provide a brief overview of why the Fourth Amendment was adopted, and what rights it is intended to protect. Next, it is impossible to know whether use of Emergency would qualify as a search unless we know how a search is defined. Part II of this Note will examine the tests that have developed over the years, namely …

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Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein

Belmont Law Review

This Note examines a variety of factors common to existing state regulatory systems to identify the best ways to regulate the distribution of medical cannabis. These factors include: (1) the number and type of qualifying medical conditions, (2) patient access to medical cannabis through personal cultivation and dispensaries, (3) privileged health care professionals and recommendations of medical cannabis to patients, and (4) patient registration requirements and state reciprocity. In analyzing each factor, this Note discusses existing state systems that excel in relation to each factor and existing state systems that perform poorly in relation to each factor. Finally, this Note …

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Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 31, Issue 1, Fall 2022.

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The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater

Belmont Law Review

Too often, discussion of how best to promote greater and more equitable access to higher education in the United States centers on a single set of challenges when in fact they are many, varied, and interrelated. There is the challenge of student diversity: the student body at the most elite institutions does not look like the population of the nation as a whole. There is the burden of cost: the price of higher education both deters potential students and burdens those who must borrow to enroll, whether they graduate or not. There are disturbing disparities in standardized test scores: the …

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Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne

Belmont Law Review

Over the years, advocates for education reform have championed a range of strategies including accountability through high-stakes testing, incentives for students, teachers, small class sizes, parental involvement, school uniforms, technology in classrooms, extending the school year, curricular change, and so on. One recurring and consistent argument for school improvement and student achievement has been that students of lesser means do better in mixed settings or when grouped with students of higher means. This idea, that the rising tide lifts all boats, has been at the core, or at least figured as a central argument, in several social movements in education …

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Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon

Belmont Law Review

While several court rulings have recognized parental rights over education to varying degrees, the emergence of a common public school agenda has led to an increasing establishment of barriers limiting opportunities for parents to exercise their rights and control over the upbringing of their children via school choice initiatives. Parental rights and the exercise of choice are further complicated and restricted for parents of students with disabilities. Although the right to an education is protected under the Individuals with Disabilities in Education Act (IDEA), parental choice is recast as parental participation in the educational decisions affecting children with disabilities. In …

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Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii

Belmont Law Review

This article explores the dynamic transformation of oral argument from early in American history, its markedly changed significance relative to briefs, and where trends and innovative ideas, including some recently taking root in Tennessee, may take this enduring tradition in the future. To understand the transformation of oral argument and contemporary attitudes about it, one must be familiar with its origins and the crucial role it played in the decision-making process in England and in the formative years of the United States.

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Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce

Belmont Law Review

Five Members of the Metropolitan Nashville Board of Public Education participate in a panel discussion on the current state of K-12 Education in Tennessee.

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Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford

Belmont Law Review

Part I highlights the inadequacies and inefficiencies of our Medicare payment system, focusing on the initiatives currently in place and the susceptibilities that persist. Part II offers a broad overview of the development, importance, features, and collateral technologies surrounding blockchain. Part III posits that Congress and HHS, through its various subsidiary agencies, should work in tandem with private stakeholders to create and/or implement a blockchain-based infrastructure to facilitate federal healthcare payments and support future growth of quality-based initiatives. This Note concludes with a recommendation for future agency research focusing on the viability and cost efficiency of a blockchain solution.

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Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich

Belmont Criminal Law Journal

Transcript of a presentation given during the 2017 Symposium by General Amy Weirich, who serves as the District Attorney General for the 30^th Judicial District in Memphis, Tennessee. She speaks about what district attorneys do and also, the big question posed: “If I could change one thing about the criminal justice system, what would that be?”. She starts by providing background on how the office in Shelby County, Tennessee, works and how most DA’s offices work around the nation and moves on to Shelby County's pilot of vertical prosecution including community policing, community prosecution and hopeful implementation of community …

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It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies

Belmont Criminal Law Journal

Transcript of a presentation given during the 2017 Symposium by Wade Davies a partner at Ritchie Dillard Davies & Johnson in Knoxville, Tennessee. You should never assume that you know how to do something no matter how long you have been practicing law. One of the best things you can do if you’re trying cases, no matter how long you’ve been doing it, is to take out the rule book and re-read the Rules of Evidence and the Rules of Criminal Procedure. When you read the rules in a different context when you’re working on different cases, reconsidering the rules …

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Public Defense In Tennessee: Public Pretense?, Dawn Deaner

Belmont Criminal Law Journal

Transcript of a presentation given during the 2017 Symposium by Dawn Deaner the Metropolitan Public Defender for Nashville-Davidson County. Today I will talk about the problems I see in Tennessee, and some solutions that could help. I am a public defender, and I am going to talk about public defense in Tennessee from a public defender’s perspective. I will touch upon ideals of equality, justice, fairness, and ethics. I will also touch on our legal duty, as well as our moral duty as people who care, hopefully, about equal justice in this country.

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Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson

Belmont Criminal Law Journal

Transcript of a presentation given during the 2017 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current visiting Professor of Law at Belmont University College of Law. Today, we are going to talk about lessons from wrongful convictions. We are going to look at the historical contexts of wrongful convictions. We will examine some of the main factors that seem to exist in some of the important cases that illustrate those wrongful convictions. We will also talk about the possible causes and look at the role that lawyers play, regardless of which side of …

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Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton

Belmont Criminal Law Journal

Transcript of the Judicial Panel given during the 2017 Symposium featuring Chief Justice Jeffrey S. Bivins, Judge Joseph A. Woodruff, Judge Timothy L. Easter, and Judge Angelita B. Dalton.

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Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth

Belmont Criminal Law Journal

Transcript of a presentation given during the 2018 Symposium by Title IX Coordinators Kathy Hargis and Stephanie Roth giving a sense of what exactly Title IX provides for and what the scope of Title IX is.

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Full-Text Articles in Legal Writing and Research

Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

Pepperdine Law Review Masthead, Cameron Fraser

Pepperdine Law Review

The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore

Belmont Law Review

Crafting Relatable Tales: Teaching Students The Importance Of Multidisiplinary Legal Research Using A Story Arc Structure, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

All Faculty Scholarship

Micro Essay, Alex Zhang

Scholarly Articles

Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual

College of Law Faculty Scholarship

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

Scholarly Works

Astonishingly Excellent Success Or Sad! Loser! Failure: Why President Trump’S Legal Narratives “Win” With Some Audiences And “Lose” With Others, Cathren Page

Articles

Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

Law Library Faculty Scholarship

Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik

Articles

No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro

Belmont Law Review

The Problem Of Intradistrict Inequality, Kristen E. Murray

Belmont Law Review

Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez

Belmont Law Review

Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell

Belmont Law Review

Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein

Belmont Law Review

Front Matter

St. Thomas Law Review

The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater

Belmont Law Review

Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne

Belmont Law Review

Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon

Belmont Law Review

Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii

Belmont Law Review

Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce

Belmont Law Review

Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford

Belmont Law Review

Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich

Belmont Criminal Law Journal

It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies

Belmont Criminal Law Journal

Public Defense In Tennessee: Public Pretense?, Dawn Deaner

Belmont Criminal Law Journal

Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson

Belmont Criminal Law Journal

Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton

Belmont Criminal Law Journal

Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth

Belmont Criminal Law Journal