Legal Writing and Research Commons^™

Advanced Internet Research Techniques, Stephen Wolfson

Continuing Legal Education Presentations

This session provided tips for conducting advanced legal research on the internet including special operators for improving Google searches.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne

Journal of Race, Gender, and Ethnicity

No abstract provided.

Good Sentences, Patrick Barry

Articles

To write good sentences, you need to read good sentences. Skilled writers and editors know this, so they seek out good sentences wherever they can find them—the short stories of Alice Munro, the political essays of William F. Buckley, even well-crafted cartoons, speeches, and advertisements. They read not just with voracity but also with an eye toward larceny, always on the lookout for moves that they can learn and repurpose.

Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Dickinson Law Review, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton

Ocean and Coastal Law Journal

Many people assume that access rights to public resources are unwavering. Two Maine Supreme Judicial Court cases concerning limitations to public access to Maine beaches rebut this assumption. In his book, Maine's Beaches Are Public Property: The Bell Cases Must Be Reexamined, Professor Orlando E. Delogu challenges the modifications to public beach access that resulted from these two cases. This Review focuses on the historical and legal arguments that Professor Delogu presents as justification for the reversal of the Bell cases. Professor Delogu gives compelling reasons for his take on the Bell cases and why the State of Maine should …

Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry

Pepperdine Law Review

No abstract provided.

Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker

Articles

Every fall, I work with my first year law students to begin developing their legal writing skills. They work hard learning how to analyze cases objectively, predict how a court might resolve a dispute, and convey their assessments to an experienced attorney. Their improvement from September to December is noticeable. They have only one semester of law school behind them and still have much to learn, but they’re on their way…In the second semester, we begin focusing on advocacy. The first assignment asks students to draft a pretrial brief. When I review the drafts, I’m struck by how many problems …

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic …

Ask A Director Making The Library More Accessable, Lorelle Anderson

Library Faculty Publications

No abstract provided.

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Scholarly Articles

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.

Eminent Domain In New York City, Aiden Hannon

Fordham Undergraduate Law Review

On the first of February, 2008, the United States Court of Appeals for the Second Circuit upheld the condemnation and subsequent development of several Brooklyn properties in Vanderbilt Yards that were obstructing the construction of a new stadium for the New Jersey Nets. The rationale behind the decision in Goldstein v. Pataki derives from the Fifth Amendment’s Takings Clause, which holds that “private property [shall not] be taken for public use without just compensation.” The new construction project would bring a National Basketball Association franchise to Brooklyn, theoretically raising the tax revenue and creating more jobs, alongside sixteen high-rise apartments …

Battle Of The Stripes: An Aristotelian Analysis Of Adidas' "Three Stripes" Trademark Infringement Cases, Rahul Sukesh

Fordham Undergraduate Law Review

This Note explores the extent to which adidas' "three stripes" mark can extend beyond the fashion industry and can claim ownership over three solid stripes as intellectual property. Through exploring adidas’ “three stripes” mark from 2008 onwards, this Note will probe how adidas managed to target companies not only in the industry in which the trademark pertains to, but also industries that fall beyond adidas' jurisdiction of fashion. Firstly, the Note will explore various outcomes of trademark infringement cases, and what the plaintiff, adidas, attempted to claim. Secondly, two lawsuits, considered within the domain of fashion, will be briefly explored. …

Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander

Fordham Undergraduate Law Review

This Note explores the public law of whistleblowing through the lens of the Ancient Roman philosopher Marcus Tullius Cicero (106-43 BC). It first describes the current discourse on whistleblowing, justifications for whistleblowing, and a contemporary jurisprudential theory that examines those justifications. Then, the Note will explain Cicero’s theory on one’s duty to the state through acceptable public behavior, and how it relates to jurisprudence via the lens of morality. Next, the Note will apply Cicero’s theory to the case Department of Homeland Security v. Maclean to illustrate how the Supreme Court of the United States (the “Court”) has used precedent …

From Clause A To Clause Z: The Transactional Reader And Narrative Transportation, Karen J. Sneddon

Articles

You know the phrase “lost in a good book.” The book’s story is so compelling that you are absorbed by the characters, setting, actions, and plot. The book pulls you into the narrative such that you must continue to read—even if that means staying up all night to finish the book. Because many associate that immersive experience with reading a novel, the phrase “lost in a good book” is most often connected to reading for pleasure. But the experience of being transported by the words of a narrative can occur when reading a variety of texts, including legal texts. That …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 14 (2019).

John And June Mary Makdisi: An Intellectual And Moral Journey, Siegfried Wiessner, Roza Pati

Intercultural Human Rights Law Review

John and June Mary Makdisi have been our friends and treasured colleagues for many a year. It is with exceptional delight that we present these lines and this volume of intellectual contributions of friends, in the global university tradition of an hommage, a Festschrift celebrating their professional and personal contributions to our St. Thomas Law family on the occasion of their retirement. This Festschrift is also a vessel of admiration, respect, gratitude, warm wishes and prayers for God's grace and blessings for the magic of their new journey.

Everything Old Is New Again, Diane Penneys Edelman

Faculty Scholarship

No abstract provided.

A Sticky Situation: The Unconstitutional Qualification Of The Right To Bear Arms By The Federal Government Against Law-Abiding Medical Marijuana Patients, Luke C. Waters

Belmont Law Review

Medical marijuana law and policy is at a crossroads in America. On the one hand, it appears the field has achieved a level of legitimacy it so desperately sought, as more than 30 states, territories, and districts have enacted comprehensive medical marijuana programs in the past two decades. In spite of these gains, medical marijuana is often still characterized as little more than a joke or an excuse to lend drug abusers an unearned air of legitimacy. Standing in stark contrast to medical marijuana, the right to bear arms, and firearms by virtue of the association, is afforded rarified status …

Evidence-Based, Constitutionally-Sound Approaches To Reducing Gun Fatalities In Violent Relationships, Sarah Martin

Belmont Law Review

Our country is plagued by a uniquely American epidemic whereby women are shot to death by partners who say they love them. While domestic violence is a complex matter and preventing domestic abuse and domestic violence-related fatalities seems like a daunting task, the first steps are relatively simple: (1) close persistent gaps in existing firearms laws that allow dangerous abusers to obtain and continue to possess firearms, and (2) enforce existing laws regarding firearms. Ensuring that domestic abusers do not have access to deadly weapons is an evidence-based strategy to protect vulnerable victims of an otherwise seemingly unending cycle of …

Long Term Solutions To The Short-Term Problem: An Analysis Of The Current Legal Issues Related To Airbnb And Similar Short-Term Rental Companies With A Proposed Model Ordinance, Richard W.F. Swor

Belmont Law Review

Airbnb and the short-term rental market have revolutionized the way that we travel and book accommodations, and now they are beginning to require cities to revolutionize their laws. This note argues that cities should adopt an ordinance that addresses health and safety, zoning, permitting, and taxation in an enforceable way by drawing on ideas already implemented in other cities such as Chicago, San Francisco, Nashville, and Portland. In support of this conclusion, this note begins in Section I by discussing the history of vacation rentals and the sharing economy as a whole, before discussing Airbnb more specifically. Section II then …

Employers Beware: What Are Employers’ Obligations And Rights Given New Marijuana Legislations?, Shahabudeen Khan

Belmont Law Review

This article examines recent recreational and medicinal marijuana laws in the United States. Key statutes and cases are examined, including Coats v. Dish Network, LLC and Noffsinger v. SSC Niantic Operating Co., LLC. Actions and policies to reduce liability that employers could undertake are offered, and the article concludes with a look at other countries that have legalized recreational marijuana.

Whose Time Is It Anyway?: Evolving Notions Of Work In The 21st Century, Laurie Leader

Belmont Law Review

This article explores the changing nature of employment, including gig and contingent work, as well as legal definitions of employment, employer, and work. It offers solutions to better protect nontraditional workers, and examines the Internal Revenue Service’s 20-Factor Test, the Fair Labor Standards Act’s Economic Realities Test, the ABC Test, statutory definitions, the Joint Employment Theory, and policy issues regarding worker classification.

Harassment: A Separate Claim?, Sandra Sperino

Belmont Law Review

This article argues that harassment is not a separate claim under Title VII by reviewing the history of discrimination law, examining Title VII's statutory language, and Supreme Court cases and procedural ambiguity in harassment law. It discusses the pitfalls of identifying harassment as a separate claim, and recommends how plaintiffs might plead harassment within the scope of Title VII.

“For The Love Of God! Open This Door!”: Individual Rights Versus Public Safety Under The “Direct Threat” Standard Of The Americans With Disabilities Act After Three Decades Of Litigation, Jeffrey Van Detta

Belmont Law Review

This article investigates the ADA's direct-threat standard, opening with the story of Germanwings Flight 9525. It examines a disability lawsuit, EEOC v. Beverage Distributors Company, LLC, as well as the determination in Stragapede v. City of Evanston, Illinois. The article concludes by proposing a tri-partite medical review option for employers.

Inclusion Riders And Diversity Mandates, Emily Waldman

Belmont Law Review

This article examines inclusion riders, the bona fide occupational qualification defense, undue hardship, and equal burdens in the context of Title VII's prohibition of differential treatment. It also addresses the concept of 'diversity preference', affirmative action programs, and how employers can satisfy diversity preference without being discriminatory.

Happily Ever After: Fostering The Role Of The Transactional Lawyer As Storyteller, Karen J. Sneddon

Articles

Transactional documents do more than allocate the risk of loss or select the governing law. Transactional documents, whether employment contracts or lease agreements, encapsulate the wishes, hopes, and fears of the transacting parties. The documents share a series of events, identify the key actors in those events, and anticipate particular outcomes or future events. In other words, the transactional documents are narratives. The transactional lawyer is thus more than a transactional intermediary. The transactional lawyer is the narrative agent or storyteller.

The “narrative” is often associated with the following words: story, tale, fiction, and entertainment. These associations may appear to …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, Table of Contents for St. Thomas Law Review Volume 31, Issue 2, Spring 2019.

The United States First Climate Relocation: Recognition, Relocation, And Indigenous Rights At The Isle De Jean Charles, Adam Crepelle

Belmont Law Review

While this article focuses almost exclusively on the Isle de Jean Charles relocation, it hopes to be useful to other climate induced relocations. Section I begins with a discussion of the two major factors contributing to the disappearance of Louisiana’s coast, the blocking of the Mississippi River and the oil industry. In Section II, the article provides an overview of federal recognition, a short history of Louisiana’s coastal tribes, and how being denied federal recognition has impacted them. Section III compares federal Indian law with the rights of indigenous peoples under international law, along with a discussion of the numerous …