Legal Writing and Research Commons^™

Beth Mobley Memorial, Howard Glickstein

Touro Law Review

No abstract provided.

Remarks At Memorial Service For Beth Mobley, Jeffrey B. Morris

Touro Law Review

No abstract provided.

Cardozo, Andrew L. Kaufman

Touro Law Review

No abstract provided.

In Honor Of Beth Mobley, Michael J. Borger

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.

Cardozo's "Law And Literature": A Guide To His Judicial Writing Style, Richard H. Weisberg

Touro Law Review

No abstract provided.

Beth Mobley: The Consummate Professional, Rodger D. Citron

Touro Law Review

No abstract provided.

She Dressed To The Nines And Knew “How To Write Good”, Han Sheng Beh, Alice Jakyung Choi

Touro Law Review

No abstract provided.

"And/Or" And The Proper Use Of Legal Language, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts—including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting. Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.” Still today, critics maintain that the construct and/or is inherently ambiguous and should be avoided …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 13 (2018).

Tips About Written Advocacy From The North Dakota Supreme Court, Douglas E. Abrams

Faculty Publications

In 1940, legendary Supreme Court advocate John W. Davis published "The Argument of an Appeal," an article that remains influential to lawyers and law students today. A few years later, the one-time Democratic presidential candidate closed his career with 141 arguments before the court, the most of any 20th century lawyer.

Best Practices For Teaching Advanced Legal Research Asynchronously Online, Khelani Clay, Shannon M. Roddy

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Life Of The Law Cannot Be Coded, Rebecca Roiphe

Other Publications

No abstract provided.

The Infinite Power Of Grammar, Patrick Barry

Articles

Good lawyers know that effective advocacy requires more than just choosing the right words; it also requires choosing the right word order. The formal term for this choice is “syntax.” But perhaps a better description comes from a 1976 essay by Joan Didion called “Why I Write.”

In it, Didion draws a helpful parallel between the arrangement of a photograph and the arrangement of a sentence. “To shift the structure of a sentence,” she notes, “alters the meaning of that sentence, as definitely and inflexibly as the position of the camera alters the meaning of the object photographed.” Didion refers …

You Can Lead A Horse To Water: Heller And The Future Of Second Amendment Scholarship, Eric Ruben, Joseph Blocher

Faculty Journal Articles and Book Chapters

Ten years ago, there was reason to believe that Second Amendment doctrine would—following elements of District of Columbia v. Heller—become rigid and binary. Likewise, scholarship might have followed the same path; digging into the pre-Heller trenches and pitting "pro-gun" against "pro-regulation" views. In "From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller," we showed through empirical study that the doctrinal reality is far more nuanced and interesting. In this essay, we describe how Heller not only inaugurated a new era of constitutional doctrine, but it also helped create a burgeoning new field …

Detection And Correction Of Case-Publication Bias, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The article proceeds as follows. Section 2 motivates the study by de scribing the reasons why case publication bias may be especially acute in the evidentiary context. Section 3 discusses methods for detecting and correcting publication bias. It surveys existing approaches, introduces the intuition behind MSE, and then develops a series of detection models. Section 4 turns to applications. To validate the method, I first apply the proposed model to simulated data sets in which I control the level of publication bias present. I then apply the model to a newly compiled data set of evidentiary rulings dealing with false …

Results May Vary, Susan Nevelow Mart

Publications

No abstract provided.

Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart

Publications

When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s query …

Researching Colorado Health Law, Kerri Rowe

Publications

No abstract provided.

Dethroning The Hierarchy Of Authority, Amy J. Griffin

Publications

The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …

Book Review, Anna Spain Bradley

Publications

No abstract provided.

Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon

Publications

No abstract provided.

Tracking Colorado Legislation, Robert Linz

Publications

No abstract provided.

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Publications

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …

Publishing Basics: How To Get Started & Where To Begin: Tips For First-Time Writers Looking To Get Published, Shamika Dalton, Michele A. L. Villagran

Publications

No abstract provided.

Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown

Articles & Chapters

No abstract provided.

How Academic Support Professionals Can Better Support Lgbtq Law Students – And Why We Should, Sarah J. Schendel

Suffolk University Law School Faculty Works

This short essay addresses the unique role that academic support professionals can play in supporting LGBTQ students.

Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin

Articles

This article explains how foreign-trained and international graduate students can use a thesis development template to find and articulate narrow, novel, non-obvious, and useful claims for their final, academic papers in law. These students, in particular, are in need of clear direction and methods for crafting well-developed claims (or thesis statements), given that many are non-native speakers of English who trained in different legal and educational systems with different expectations about what constitutes good academic writing—in any genre, let alone law. Through the use of a thesis development template (adapted from writing advice by Joseph M. Williams and Eugene Volokh), …

Ask A Director: Reporting Accomplishments, Caroline L. Osborne

Scholarly Articles

None available.