Legal Writing and Research Commons^™

Obergefell V. Hodges—And The Use Of Oral Argument And Storytelling To Reinforce Competencies In The Legal Writing Classroom, Karin Mika

Law Faculty Articles and Essays

Legal writing professors struggle with trying to balance learning skills with the bigger picture of learning that law is ultimately about having the power to change lives. Often, learning the skills becomes completely separated from the human aspect of the law. Although we all work toward unifying the two concepts, it is not always done by having discussions about the bigger issues, or even having the students look at more traditional sources such as briefs or even law review articles. Oyez and the oral tradition of storytelling presented by radio (or other similar resources) have the potential of more fully …

The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco

Dickinson Law Review (2017-Present)

Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …

Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek

Dickinson Law Review (2017-Present)

Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …

How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves

Dickinson Law Review (2017-Present)

No abstract provided.

Unqualified Immunity And The Betrayal Of Butz V. Economou: How The Supreme Court Quietly Granted Federal Officials Absolute Immunity For Constitutional Violations, Patrick Jaicomo, Anya Bidwell

Dickinson Law Review (2017-Present)

Qualified immunity has been the subject of well-deserved scorn in recent years as a legal mechanism that shields government officials from constitutional accountability. But its shadow has hidden another mechanism that provides an unqualified immunity from constitutional accountability. That de facto absolute immunity extends to federal officials in all but a vanishingly few contexts where claims are still permitted under the 1971 Supreme Court decision Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. But it was not always that way. In its 1978 decision Butz v. Economou, the Supreme Court permitted Bivens claims to proceed against …

Global Partnership Should Be The Way Forward To Combat Money Laundering, Maame Nyakoa Boateng

Dickinson Law Review (2017-Present)

This Comment compares the major anti-money laundering (“AML”) laws in the United States and Iran. This Comment argues that even though the United States is advanced in its compliance approach, without a partnership with countries that are more vulnerable to money laundering attacks, its AML efforts could prove counter-productive because of the inter-connectedness of our world today. Accordingly, this Comment proposes a global partnership between countries with effective AML legislation and countries with less effective AML legislation to combat this complex crime.

Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Swimming With Broad Strokes: Publishing And Presenting Beyond The Lw Discipline, Robin Boyle-Laisure, Stephen Paskey

Faculty Publications

(Excerpt)

In our greater skills community, we share ideas, borrow and tweak theories from other disciplines, and create new approaches. It is understandable how our community may expand pedagogy to the brim of legal writing or explore topics outside of the field. Skills professors are, by nature, a creative collective who teach from the heart and enjoy writing and thinking. Our publishing pursuits can be boundless.

Both Authors of this Article share mutual experiences of dipping our toes in a pond beyond the legal writing continent. Our writing experiences have influenced our teaching, bringing these broader perspectives to our legal …

Fundamental First Amendment Principles, David L. Hudson Jr.

Law Faculty Scholarship

In Fundamental First Amendment Principles, published in the Northern Illinois University Law Review, David L. Hudson Jr. and Jacob David Glenn distill the complexity of modern free-speech jurisprudence into ten foundational principles that structure First Amendment analysis. The Article emphasizes that the core of the First Amendment lies in protecting criticism of government and prohibiting viewpoint discrimination, while also safeguarding symbolic expression, offensive and unpopular speech, and the right not to speak. At the same time, the authors underscore that not all speech is protected, identifying historically recognized categorical exceptions such as incitement, true threats, obscenity, and defamation. The …

International White-Collar Crime And The Globalization Of Internal Investigations Ten Years Later, Lucian E. Dervan

Law Faculty Scholarship

In International White-Collar Crime and the Globalization of Internal Investigations Ten Years Later, Lucian E. Dervan revisits and reassesses the framework first articulated in his 2011 article examining the risks and structural challenges of cross-border internal corporate investigations

2StetsonBusLRev120 . The article evaluates how four core areas—selection of investigative counsel, cross-border data collection and transfer, employee interactions in varied labor law environments, and disclosure and settlement strategies—have evolved over the past decade in response to intensified global enforcement cooperation, expanding data privacy regimes, and shifting geopolitical dynamics. Dervan demonstrates that while practitioners have grown more sophisticated in navigating privilege …

The Limits Of Law And Ai, Ryan Mccarl

University of Cincinnati Law Review

For thirty years, scholars in the field of law and artificial intelligence (AI) have explored the extent to which lawyers and judges can be assisted by computers. This Article describes the medium-term outlook for AI technologies and explains the obstacles to making legal work computable. I argue that while AI-based software is likely to improve legal research and support human decision making, it is unlikely to replace traditional legal work or otherwise transform the practice of law.

Using The “Scholarship As Conversation” Frame To Explain The Importance Of Inclusive Citation, Olivia Smith Schlinck

Library Staff Online Writings

It’s been nearly two years since the largest civil rights movement – the protests stemming from the murder of George Floyd by a police officer – swept the United States. That means it has also been nearly two years since law schools across the country released statements and created taskforces and enacted initiatives to inject principles of diversity, equity, and inclusion (DEI) into the school halls.

If You Draw It, Students Learn It: An Approach To Teaching Contracts And Other Doctrinal Courses, Paul Figueroa

Journal of Legal Education

No abstract provided.

The Medium Is The Message: A Summer Book Club On Abolition, Sarah J. Schendel

Suffolk University Law School Faculty Works

This past summer, together with six law students and a fellow law professor, I participated in a small, informal book club around Mariame Kaba’s essential collection of pieces on prison and police abolition, We Do This 'Til We Free Us. Kaba’s probing, thoughtful critiques address privacy, civil liberties and surveillance; the limitations of “justice” within our current system; and the adultification of Black children, an issue with serious impact on family, education, and of course criminal law. Kaba's book is both accessible and deeply challenging; reading it led to powerful conversations about both the issues discussed and the limited way …

On The Academic Librarian Pay Disparity, Olivia Smith Schlinck

Library Staff Online Writings

Last month, I posted to this blog the results of my study comparing the salaries of tenure-track law professors and law librarians who teach required, credit-bearing classes. The reaction was overwhelming; clearly, the proof that law librarians were underpaid – something many librarians had assumed for many years – hit a chord within the profession. Librarians across the country contacted me publicly and privately to express their shock (or lack thereof), their frustration, their personal anecdotes about being underpaid and struggling to make ends meet. Eventually, this culminated in an event hosted by the AALL Research Crits Caucus on Monday, …

Table Of Contents & Masthead, Anne Mccarthy

Pepperdine Law Review

No abstract provided.

Writing By Presidential Example: The First Inaugural Addresses Of Reagan And Obama, Douglas E. Abrams

Faculty Publications

This article is about two recent U.S. presidents who differed from one another in prominent respects. One entered the Oval Office as a staunch Republican; the other entered as a staunch Democrat. One was one of the oldest men ever to serve in the Oval Office; the other was one of the youngest. The pair assumed contrasting positions on the political spectrum.

Despite these differences, however, the pair – Ronald Reagan and Barack Obama – shared an important common denominator. As president, both achieved recognition as “great communicators,” thanks in large part to their speeches marked by dexterity with the …

Roadside Zoo: A Term In Search Of Legal Definition?, Virginia C. Thomas

Library Scholarly Publications

This article uses the example of “roadside zoo” to highlight the importance of clear definition for terms used in a legal context.

Endogenous And Dangerous, Brian N. Larson

Faculty Scholarship

Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments—endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article’s first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far …

Review: The Dialogical Roots Of Deduction: Historical, Cognitive, And Philosophical Perspectives On Reasoning, Brian N. Larson

Faculty Scholarship

The balance of this review addresses matters in the book that should be of particular interest to readers in the legal rhetoric and communication community. First, it addresses some concepts central to Dutilh Novaes’ effort. Second, it surveys the book’s organization, identifying some key observations and conclusions that she supports with careful evidence and argumentation. Third, it addresses Dutilh Novaes’ attention to non-European and non-Western research and logical traditions. Finally, it considers some difficult and technical passages, noting those readers should work through because the payoff is worth it and others I believe readers in our field might skip.

The Power Of A Good Story: How Narrative Techniques Can Make Transactional Documents More Persuasive, Susan M. Chesler, Karen J. Sneddon

Nevada Law Journal

No abstract provided.

Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Pace Law Review

No abstract provided.

The Legal Role In Building Sustainable Public Health Systems- Keynote, Mary Bufwack

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health- Speaker, Joanna Sax, E. Donald Shapiro Professor Of Law

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health, Jessica Mantel Professor And Co-Director

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health: New Payment Models And Delivery Systems, Dakasha Winston Senior Vp & Chief Government Relations Officer, Mark Ison, Beth Swenson Deweese Episodes Of Care Strategy Specialist

Belmont Health Law Journal

No abstract provided.

Why A Sustainable Public Health System Needs Community-Based Integrated Health Teams, Jessica Mantel Professor Of Law And George Butler Research Professor, Jasmine Singh J.D. Candidate

Belmont Health Law Journal

This Article builds upon previous research by describing specific examples of how community-integrated health teams (CIHTs) have supported their community's COVID-19 public health response that were shared with the authors during qualitative interviews with CIHTs. This Article proceeds in three parts, Part I describes the research study we conducted, including who we interviewed, descriptions of the types of CIHTs we included, and the topics about which we inquired. Part II describes how CIHTs can provide assistance to individual patients during a public health crisis. Part III is the system-level counterpart of Part II and describes how CIHTs can leverage their …

If You Can't Stop Them, Protect Them: The Legal Tethers For Bringing Fully Comprehensive Sexual Education Policy To Tennessee, Tess Anderson J.D. Candidate

Belmont Health Law Journal

This Note explores why Tennessee needs a comprehensive sexual education curriculum, how Tennessee can get it, and what should be included in the Curriculum. Part II of this Note provides background on sexual health in the United States. Particularly, this section includes statistics surrounding STDs and teen pregnancy, the current sexual health policy in Tennessee, and examples of different sexual education curriculums currently being used throughout the United States. Part III of this Note analyzes legal tethers that can help attain comprehensive sexual education in Tennessee including the Mature Minor Doctrine, Freedom of Religion, the Fourteenth Amendment Liberty Interest, Title …

The Hidden Enemy On The Frontline: When Medical Professionals Choose Their Profession Over Their Life, Deborah Horn J.D. Candidate

Belmont Health Law Journal

This Note will discuss the disturbing mental health crisis in the medical community and how the COVID-19 pandemic has only exacerbated this issue. Additionally, this Note will discuss why licensure questions regarding mental health contribute and lead to a stigmatization of mental health treatment and unwillingness of both medical school students and practicing physicians from seeking treatment. This Note will also discuss how similar law licensure questions have been outlawed after litigation, yet similar progress has not been shown in medical licensure. Next this Note will discuss The Dr. Lorna Breen Health Care Provider Protection Act. Finally, this Note advances …