Legal Writing and Research Commons^™

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.

The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth

Law Faculty Scholarship

In the wake of such tragedies as the Charleston, South Carolina mass shooting, the deadly Unite the Right Rally, and the death of George Floyd, various communities have engaged in efforts to remove Confederate monuments from public spaces. These removal efforts frequently result in litigation focused on ownership rights, government speech, and other claims. This article asks what responsibility the judiciary and litigants have to acknowledge that Confederate monuments—for better or for worse—are creations of public art.
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/="/">Whether the monuments stay or go at the end of a given lawsuit, the outcome affects the public art policy of …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry

Pepperdine Law Review

No abstract provided.

A Review Of Grey Literature Cited By Food Loss Law And Policy Scholarship, Angela Hackstadt

University Libraries Faculty Scholarship

In the United States, state and federal programs, rules, and legislation attempt to address the social, economic, and environmental impacts of food waste. Research on the efficacy of these interventions rely on a variety of grey literature resources. Grey literature is valuable to policy research but may be overlooked because it is not published commercially and is often deemed unauthoritative. This review focuses on the use of grey literature in food waste law and policy scholarship to identify the most used sources and to determine what, if any, archiving strategies authors use. Recommendations for librarians and researchers are discussed.

Eight Strategies That Enhance Legal Writing, Douglas E. Abrams

Faculty Publications

A few years ago, I spoke about legal writing at an annual forum of Missouri’s appellate judges, held at the University of Missouri School of Law in Columbia. The hour-long presentation advanced eight strategies that enable judges and practicing lawyers to sharpen their writing. These eight strategies appear below in this article.

Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii

Articles

Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law review articles to probe the nature of legal knowledge co-production and de facto peer review in the legal literature. Using a survey and a textual analysis of about thirty thousand law review articles from 2008 to 2017, we examined the nature of knowledge …

(Un)Wicked Analytical Frameworks And The Cry For Identity, Leslie Patrice Culver

Nevada Law Journal

No abstract provided.

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

E-Legal Criminal Research, Thomas J. Striepe, Anne Burnett

Presentations

No abstract provided.

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.

Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Deal Me In: Leveraging Pedagogy To Integrate Transactional Skills Into The First Year Legal Research And Writing Curriculum, Adam N. Eckart

Suffolk University Law School Faculty Works

When nearly fifty percent of attorneys practice transactional law, why do only seven percent of first year legal research and writing courses teach transactional skills? Despite a decade of emphasis by legal scholars on the need to teach transactional skills, most first year legal research and writing courses still focus disproportionately on litigation-based instruction. When more incoming law students want to practice transactional law than litigation, half go on to hold transactional-based jobs, transactional drafting courses are the most popular legal writing electives, and employers say graduates are unprepared for transactional practice, something needs to change. A path forward for …

The (Joseph) Stories Of Newmyer And Cover: Hero Or Tragedy?, Jed Handelsman Shugerman

Faculty Scholarship

Kent Newmyer's classics Supreme Court Justice Joseph Story: Statesman of the Old Republic and John Marshall and the Heroic Age of the Supreme Court are important stories about the architects and heroes of the rule of law in America. In Newmyer's account, Story played a crucial role preserving the republic and building a legal nation out of rival states, and Newmyer's Story is fundamentally important for students of American history. But in Robert Cover's account in Justice Accused on northern judges' deference to slavery, Story is an anti-hero. Sometimes Story stayed silent. In Prigg v. Pennsylvania, Story overvalued formalistic …

A Place Of One's Own: How Law Libraries Support Democracy By Protecting Citizens' Right To Read, Amy A. Emerson

Faculty Publications

By offering places for private reading and contemplation, law libraries foster wellinformed citizens capable of independent thought. This process, in turn, provides a foundation for understanding the law, questioning the law, and ultimately challenging the legal status quo, all necessary elements of a well-functioning democracy.

Georgia Legal Research, Amy Taylor

Books

This open source textbook authored by Amy Taylor was designed to provide University of Georgia School of Law students with a comprehensive guide to Georgia legal research. Using this text in combination with appropriate assignments, student objectives include the ability to select, evaluate, and use appropriate legal research tools with an emphasis on cost-effective research and proficiency in the following topics:

• Developing an efficient and cost effective research strategy
• Advanced searching skills in legal research databases
• Case law, including docket research, court rules, and verdicts & settlements
• Statutory law, including legislative materials and legislative history
• Administrative regulations, rules, and related …

Life Admin When Life Turns Upside Down: A Book Review (Of Sorts), Sarah J. Schendel, Dyane O'Leary

Suffolk University Law School Faculty Works

Prof. Elizabeth Emens is a law professor, a parent, and the author of Life Admin: How I Learned to Do Less, Do Better, and Live More - a book published in 2019. Life Admin made its way into our stack of “life improvement to-reads” (not to be confused with our stack of educational pedagogy to-reads, our parenting to-reads, our for-enjoyment to-reads, our legal education to-reads, or our political and non-fiction to-reads). As we face luxurious 10-30 minutes between Zoom classes, Zoom faculty meetings, Zoom student counseling, and Zoom parent-teacher council, we wondered in the context of a COVID Cares academic …

Children's Justice: How To Improve Legal Representation Of Children In The Child Welfare System, Don Duquette, Britany Orlebeke, Andrew Zinn, Robbin Pott, Ada Skyles, Xiaomeng Zhou

Books

From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This seven-year, multimillion dollar project, directed by Clinical Professor Don Duquette, conducted a national needs assessment that identified a substantial consensus on the role and duties of the child’s lawyer. The needs assessment led to the QIC-ChildRep Best Practice Model, an update and expansion of the 1996 ABA Standards for Lawyers Representing Children in Child Abuse and Neglect Cases.

Released in 2016 as a300-page softcover book, CHILDREN'S JUSTICE is the final report …

What We Do: The Life And Work Of The Legal Writing Professor, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

The life of the legal writing professor in today’s law schools is a challenging yet rewarding one. Out of necessity, over the last thirty years the pedagogy of legal writing has expanded to include much more than just writing skills—it has become every law student’s introduction to a broad set of basic lawyering skills and is more appropriately styled the Lawyering Process (LP). The increasing gravity and responsibility of the Lawyering Process course has led to expansion of credits given to the course and gradually to greater status and equity to the faculty who teach it, although most of us …

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 33, Issue 2, Spring 2021.

Front Matter

St. Thomas Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 34, Issue 1, Fall 2021.

Strategies And Techniques For Teaching Environmental Law, Heidi Gorovitz Robertson

Law Faculty Books

Teaching law students is an enormous privilege and an immense responsibility. Teaching Environmental Law, in particular, gives the professor an opportunity to help future lawyers understand some important lessons. First, contrary to the belief of many first-year law students, the legal system is not made up entirely of courts. It’s not all judicial and it’s not all adversarial. The statutes Congress creates need implementation and that’s the role of agencies. Lawyers can do a world of good by working in and around legislatures and agencies and with the people who staff them. Environmental lawyers can help shape legislation, the resulting …

Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams

Seattle University Law Review

Introductory Remarks.

Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow

Seattle University Law Review

Marissa Jackson Sow’s “Whiteness as Contract.”

Closing Remarks, Dontay Proctor-Mills

Seattle University Law Review

Closing Remarks.

Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky

Seattle University Law Review

This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.

We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to …

E-Memos 2.0: An Empirical Study Of How Attorneys Write, Brad Desnoyer

Faculty Works

Email has changed law practice. It is now changing the legal writing classroom. For over a decade, scholars have developed a foundation for teaching e-memos. But as e-memo pedagogy evolved, scholars diverged in their advice and their textbook samples, leaving professors and students with contradictory instruction. This Article seeks to bridge that divide and build upon the scholarly foundation with empirical evidence.

Between 2018 and 2019, over 100 practicing attorneys reviewed and ranked sample, substantive e-memos and answered questions about e-memo preferences and habits. The results of the study reveal attorneys prefer e-memos with explicit and detailed legal reasoning, not …

Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray

Faculty Scholarship

No abstract provided.

Good With Words: Speaking And Presenting, Patrick Barry

Books

Suppose you were good with words. Suppose when you decided to speak, the message you delivered—and the way you delivered it—successfully connected with your intended audience. What would that mean for your career prospects? What would that mean for your comfort level in social situations? And perhaps most importantly, what would that mean for your satisfaction with the personal relationships you value the most?

This book is designed to help you find out. Based on an award-winning course and workshop series at the University of Michigan taken by students training to enter a wide range of fields—law, business, medicine, social …

Notes On Nuance: Volume 1, Patrick Barry

Books

To succeed in law, business, education, government, health care, and many other fields, it is becoming increasingly important to distinguish yourself as a savvy communicator. Social media has only accelerated the ways in which we all must learn to use our words to connect, compete, and create. There are features of the English language, however, that many of us haven’t taken full advantage of yet. Notes on Nuance is designed to help change that.

Drawing on a diverse collection of authors—from novelists to physicists, from ancient Greek historians to modern-day CEOs—it reveals the hidden mechanics that skilled writers use to …