Legal Writing and Research Commons^™

Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 32, Issue 2, Spring 2020.

Predictability Of Arbitrators' Reliance On External Authority?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba

American University Law Review

No abstract provided.

Generalist Judges And Advocates' Jargon, Douglas E. Abrams

Faculty Publications

Clerking is a privilege. Fresh out of law school and eager to begin their careers, law clerks at any level of the federal or state judiciary covet the opportunity to learn from a judge’s reservoir of knowledge. But law clerks who anticipate careers writing as advocates are also well-positioned to learn about something that a judge may not know when briefs or other adversary submissions land on the desk.

That “something” concerns jargon, this article’s focus because its use by advocates can impede the court’s understanding of a case’s facts and law. “Jargon” refers to “special words or expressions that …

The Restatements And The Rule Of Law, Kristina Daugirdas

Book Chapters

This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the …

Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld

Reviews

Andrew Coan’s book, Rationing the Constitution, offers a novel account of the forces that drive Supreme Court decisions across a wide array of highly controversial, vitally important areas of law. The project is ambitious. It endeavors to improve our understanding of forces that constrain the form and, ultimately, the substance of our constitutional law along each of its major axes: federalism, the separation of powers, and individual rights. I think it succeeds. The book’s central claim—that familiar (but underexplored) institutional constraints and background norms sharply limit the range of choices available to the Court when it is called upon to …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

True Friends Never Disappear, Alberto R. Gonzales

Law Faculty Scholarship

In this reflective essay published in Student Lawyer, Alberto R. Gonzales recounts his personal and professional journey from a childhood marked by poverty to service at the highest levels of state and federal government, including as U.S. attorney general. Gonzales describes how early material deprivation fueled his ambition, leading him to elite educational institutions and a prestigious legal career. Yet, despite significant professional accomplishments—including service as a Texas Supreme Court justice, White House counsel, and attorney general—he reflects that achievement alone did not bring lasting fulfillment. Instead, he emphasizes the enduring importance of authentic relationships, particularly with family and …

Protecting Participants In Genomic Research: Understanding The "Web Of Protections" Afforded By Federal And State Law, Leslie E. Wolf, Catherine M. Hammack, Erin Fuse Brown, Kathleen M. Brelsford, Laura M. Beskow

Law Faculty Scholarship

Advances in genomic research increasingly rely on large-scale datasets combining biospecimens, electronic health records, and behavioral data. This article examines the complex legal framework governing privacy and confidentiality protections for participants in genomic research in the United States. Through a combination of qualitative interviews with national thought leaders and systematic legal analysis of federal and state statutes, the authors assess how existing legal protections operate in practice. The study evaluates several hypothetical research scenarios—including the return of individual results, data breaches, and legal demands for data access—to illustrate how laws such as the Common Rule, HIPAA, the Genetic Information Nondiscrimination …

Hierarchies Of Elitism And Gender: The Bluebook And The Alwd Guide, Steven K. Homer

Faculty Scholarship

Hierarchies persist in legal academia. Some of these, while in plain view, are not so obvious because they manifest in seemingly small, mundane choices. Synecdoche is a rhetorical device used to show how one detail in a story tells the story of the whole. This Article examines hierarchies of elitism and gender through a lens of synecdoche. The focus is on the choice of citation guide. Even something as seemingly benign and neutral as choosing a citation guide can reveal hierarchies of elitism and gender bias in legal education and the legal profession. Put another way, the choice of citation …

Legal Writing Manual, Jean Mangan, Chase Lyndale, Gabrielle Gravel

Books

This manual provides you with an overview of first-year legal writing topics and provides checkpoints during your writing process. On the other hand, this manual does not answer every question you have ever had on any legal writing concept and it is certainly not a spellbook that will make you instantly awesome at legal writing. Writing as a skill is a lifelong development process. Everyone can be an effective legal writer. Put in the time to study the concepts and then to practice using those concepts in your writing. Seek feedback on your writing and implement the feedback you receive. …

Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacsu, James Donovan

Law Faculty Scholarly Articles

The context in which academic libraries operate is fast evolving, and the current COVID pandemic has underscored the new demands on libraries to reinvent themselves and their scholarship role. The library’s role has always been focused on scholarly dissemination and preservation, more recently by archiving their faculty work on mirror sites known as academic repositories. Libraries connect scholarship and users by offering the space for users to come and use the archived knowledge. However, if historically their role was to collect and provide secure access to sources, that role is in the midst of radical transformations.

In our age of …

An Unusual Suspect? Unreliable Narrators In Fiction And Law, Cathren Page

Articles

This article discusses the common traits of unreliable narrators and provides solutions for those seeking to defeat unreliable narrators in legal battles. Since the unreliable narrator concept first developed and evolved in literary analysis, the article explores and compares unreliable narrators in both fiction and law.

When the audience cannot depend on the accuracy or reliable character of a narrator’s account, literary criticism deems these storytellers “unreliable narrators.” Unreliable narrators exhibit certain “tells,” which disclose to savvy or intuitive audience members that some aspect of the narrators’ tale is dubious. These unreliable narrators can be divided into two broad categories, …

Regarding Narrative Justice, Womxn, Geeta Tewari

Michigan Journal of Race and Law

The story within this article explores how narrative justice can be applied as a form of advocacy for persons seeking access to justice. The questions—what is narrative justice? How do we define it?—deserve a separate space, which will be shared in a forthcoming article. Meanwhile, in short, narrative justice is the power of the word—written, spoken, articulated with the emotion or experience of an individual or collective, to shape or express reaction to law and policy.

Hendiadys In The Language Of The Law: What Part Of "And" Don't You Understand?, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

Creating A Biographical Dictionary Of The Justices Of The Supreme Court Of Pennsylvania: A Bibliographical Essay, Joel Fishman

Law Faculty Publications

As a student of Pennsylvania legal history, one of my goals is to create a website on the history of the Pennsylvania judiciary. In submitting a proposal to the Pennsylvania Supreme Court, the Court and the Court Administrator approved the creation of a biographical dictionary of the Court's judiciary. The Supreme Court dates itself back to 1684 when William Penn created a Provincial Court to hear appeals from the county justices of the peace (act 158 of 1684). There are approximately 165 justices dating from 1684 to the present. Following the information provided on the court's current website (www.pacourts.us), my …

Front Matter

St. Thomas Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 33, Issue 1, Fall 2020.

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.

Masthead, Editorial Board

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Masthead

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Masthead

Touro Law Review

No abstract provided.

Tim Edgar: The Accidental Comparatist, Kim Brooks

Articles, Book Chapters, & Popular Press

This paper focuses on the contributions of Tim Edgar as a major comparative law scholar. It reviews the major debates and theoretical directions in comparative law scholarship and offers a case study of Edgar's contributions in the light of the major debates in comparative law. Edgar's development as a comparatist is traced through three defined phases. His identification of the policy problem to be resolved is highlighted as a major feature of his contribution.

Portrait Of A Transplant Artist, Kim Brooks

Articles, Book Chapters, & Popular Press

This article explores the process of norm migration through the study of one tax expert, Victor Thuronyi. It situates the literature on the role of experts in tax norm migration and identifies core themes and gaps in the tax transplant literature; explores five themes, connected to the literature on the role of tax experts and tax transplants, that arise from a study of Victor Thuronyi’s contributions to tax transplantation; and concludes with some reflections on the benefits and challenges of having highly specialized, non-insider tax experts engaged in the exercise of drafting tax laws.

An Intellectual History Of Comparative Tax Law, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author argues that comparative tax law has an intellectual history. More specifically, the author claims that history reveals there is a distinguishable comparative tax law scholarship where tax scholars engage in common debates. The author then offers a description of method, highlighting the difficulty of identifying the work that might be considered “comparative tax law.” Next, the author conceptualizes and clusters contributions from scholars who have framed the comparative tax law field. The author argues that our national boundedness, combined with the lack of an explicit network of scholars, has masked the rich intellectual history in …

Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, Joao Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll

Articles, Book Chapters, & Popular Press

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, …

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …

In Defense Of Empiricism In Family Law, Elizabeth S. Scott

Faculty Scholarship

It is fitting to include an essay defending the application of empirical research to family law and policy in a symposium honoring the scholarly career of Peg Brinig, who is probably the leading empiricist working in family law. While such a defense might seem unnecessary, given the expanding role of behavioral, social, and biological research in shaping the regulation of children and families, prominent scholars recently have raised concerns about the trend toward reliance on empirical science in this field. A part of the criticism is directed at the quality of the science itself and at the lack of sophistication …