Legal Writing and Research Commons^™

Accidental Injury Or Occupational Disease? Where American Workers' Compensation Law Currently Stands And Where It Should Go In Preparing For Pandemics, Delaney Williams J.D. Candidate

Belmont Health Law Journal

Section I of this Note will introduce the basics of workers' compensation law, including the history of infectious diseases as compensable workplace injuries in the field of American workers' compensation law. Section II explains the fundamentals of both the occupational disease theory and accidental injury theory as a means for recovery when an infectious disease is contracted int he workplace. This section further explores how both theories, in their current state, fail to adequately protect employees in a pandemic emergency. Finally, Section III of this Note provides guidance on how state legislatures may proactively amend their workers' compensation schemes to …

Medical-Legal Partnerships In Smaller Communities- Symposium Panel, Doug Mefford, Charleyn Reviere, David Clay

Belmont Health Law Journal

No abstract provided.

Identifying Red Herrings In American Legal Research, Erin Gow

Faculty and Staff Scholarship

This article presents useful clues for British law librarians and legal researchers conducting research on American laws and legal systems. It focuses on general guidelines and key sticking points the author found when transitioning between legal research in the American and British jurisdictions.

Key skills introduced include the ability to:

• differentiate between federal and state legal jurisdictions in the U.S.,
• recognize key differences in American legal terminology and construct searches using American terms,
• analyze and select key American legal resources for different types of research questions,
• and identify American standards of legal citation.

Credibility In Empirical Legal Analysis, Hillel J. Bavli

Brooklyn Law Review

Empirical analysis is central in both legal scholarship and litigation, but it is not credible. Researchers can manipulate data to arrive at any conclusion they wish to obtain. A practice known as data fishing—searching for and selectively reporting methods and results that are favorable to the researcher—entirely invalidates a study’s results by giving rise to false positives and false impressions. Nevertheless, it is prevalent in law, leading to false claims, incorrect verdicts, and destructive policy. In this article, I examine the harm that data fishing in empirical legal research causes. I then build on methods in the sciences to develop …

Geyh, Henderson Listed Among 10-Most Cited In Legal Ethics/Legal Profession, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Table Of Contents & Masthead, Anne Mccarthy

Pepperdine Law Review

No abstract provided.

Academic Law Librarians Are Paid 47% Less Than Their Faculty Counterparts, Olivia Smith Schlinck

Library Staff Online Writings

In December Joe Fore, the co-director of the Legal Writing program at the University of Virginia School of Law, posted to Twitter a thread comparing tenure track and legal writing salaries. In comparing four public schools, he discovered that the average starting salary for a tenure track professor was $173,000 while the average salary for all legal writing faculty was $111,000. A few academic law librarians saw the tweet and replied that someone should do the same for law librarians, too.

Introducing The Dispute Financing Library – A Free Online Resource, Ingrid Mattson

Library Staff Online Writings

NYU Law School’s Center on Civil Justice has developed an online collection of documents and media related to third-party litigation funding called the Dispute Financing Library. The Center’s goal is to create a collection of material on the topic and includes statutes, case law, journal articles, bar reports, news, best practices, and more.

W&L Law Library Newsletter, Vol. 1, Iss. 1 (Feb. 2022), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 1, Issue 1 (February 2022).

Information For Submitting To Online Law Review Companions, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The following materials, modeled after the chart prepared by Professor Allen Rostron and Professor Nancy Levit at the University of Missouri Kansas City School of Law, contain information about online companions of main law reviews and journals at the top 20 schools (as determined by the most recent US News overall ranking, not because that system merits endorsement, but because it is convenient). Specifically, the chart derives from the journals’ websites the following information:

• Name of the online journal
• Word count limitation, if any
• Subject matter limitations, if any
• Preferred essay/commentary/review submission method
• Whether articles from online journal are included …

Where’S The Beef, Turkey, Butter, Cheese, Or Other Animal Ingredient?, Virginia C. Thomas

Library Scholarly Publications

The author discusses current challenges presented by federal and state labeling laws and standards pertaining to plant-based meat alternative food products.

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

Law Library Newsletters/Blog

No abstract provided.

Hierarchy, Race & Gender In Legal Scholarly Networks, Keerthana Nunna, W. Nicholson Price Ii, Jonathan Tietz

Law & Economics Working Papers

A potent myth of legal academic scholarship is that it is mostly meritocratic and that it is mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgements paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those …

Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.

Locating The Law : A Handbook For Non-Law Librarians, Elizabeth Caulfield, Southern California Association Of Law Libraries. Committee On Public Access To Legal Information.

AALL Legal Website of the Month

The Committee of the Southern California Association of Law Libraries (SCALL) made accessible a revised version of their comprehensive legal reference resource Locating the Law: A Handbook for Non-Law Librarians, 6th ed. The handbook provides ready access to a reliable legal research reference resource to assist you in reading legal citations and how to conduct legal research.

Applying Motivation Theory To Improve 1ls' Motivation, Self-Efficacy, And Skill Mastery, Nathan A. Preuss

Scholarly Works

This article discusses how understanding two motivation and learning theories- expectancy-value and attribution-can help instructors to improve first-year law students' motivation, self-efficacy, and mastery of the knowledge and skills needed for success in law school as well as in their future careers

An Underestimated Showcase Of Student Scholarship: Law School Institutional Repositories, Dajiang Nie

Duquesne Law Review

Law schools have been using institutional repositories as a showcase for law journals and faculty scholarly achievements for a long time, but law school institutional repositories fail to collect student scholarship regularly. Aspects of law school institutional repositories make no sense when directly benefiting both students and law schools and failing to display student scholarship. This Article examines student scholarship in law school institutional repositories, analyzing its current status, advantages, and keys to success. The Article shows that law school institutional repositories underappreciate student scholarship, and the content of student repositories also lacks diversity. This approach impairs the positive impacts …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and advisors for St. Thomas Law Review Volume 34, Issue 2, Spring 2022.

Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington

Upper Level Writing Requirement Research Papers

No abstract provided.

The Tangled Web: Teaching The Meaning Of Legal Citations In The Online Age, Matthew L. Timko, Heather J.E. Simmons

College of Law Faculty Publications

Online citations are both a blessing and a curse. On the one hand, a citation embedded in a digital document can usually be retrieved by clicking on a link, but on the other, this process eliminates the need to understand any of the information inherent in the citation. To a law student who has only conducted research online, a legal citation is like a wireless passkey—a random string of characters that has no meaning. It is therefore unsurprising that law students have trouble distinguishing between a statute and a regulation. Citations underpin the entire legal research process, tying everything together …

What Inclusive Instructors Do Book Review, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Inclusive teaching is not just an aspirational goal. It is our ethical obligation to students. Our students can spend years dreaming of attending law school and working to achieve that goal. They can spend decades paying off the costs of attendance. Law faculty owe every student of all backgrounds, races, religions, genders, learning abilities, ages, socioeconomic statuses, immigration statuses, and military statuses an environment in which they feel like they belong and can thrive. WHAT INCLUSIVE INSTRUCTORS Do powerfully reminds us that inclusive teaching is not identified by obscenity law's "I know it when I see it" murkiness. Rather, it …

Garbage In, Garbage Out: Improved Citators Through Improved Citations, Andrew J. Martineau

Articles

This article shows the continued need for the adoption of a universal, medium- and vendor-neutral citation format by examining how negative case treatment can be discerned algorithmically from Bluebook signals. Although traditional citations to case reporters are treated as machine-readable identifiers by contemporary research databases, the shortcomings of this format result in unnecessary errors and lag time in citators that discern negative treatment information from Bluebook-formatted citations alone. By adopting a universal citation format, as well as a small set of citation "best practices, " we would see significant improvements in these kinds of purely algorithmic citators. The greater the …

Ending Law Review Link Rot: A Plea For Adopting Doi, Valeri Craigle, Aaron Retteen, Benjamin Keele

Utah Law Faculty Scholarship

As librarians, we do a fair amount of research online for ourselves and the faculty and students we serve. As researchers, we know that there is nothing more frustrating than encountering a dead link to a much-needed article, particularly when there are deadlines to meet. Dead links (link/ reference rot) can be a particularly frequent occurrence for law review articles because the law review societies that publish them have not yet adopted standards for preserving online access to them, particularly the adoption of a standard for implementing persistent URLs.

This Practical Insight is a plea to law reviews and law …

Passion Projects In Law Librarianship: A Belated Tribute To Igor Kavass And His Personal Mission To Acquire And Organize U.S. International Agreements, Loren Turner

Articles

In December 2020, Oona Hathaway, Curtis Bradley, and Jack Goldsmith, law professors at Yale, Chicago, and Harvard, respectively, published their article, The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, in the Harvard Law Review. The article reveals that the U.S. executive branch consistently fails to comply with federal requirements to report and publish the international agreements it makes with foreign countries. As a result, Congress and the American public regularly lack access to legal information to which they are entitled under federal law. Additionally, Hathaway, Bradley, and Goldsmith identify a particular time when our already-inadequate access …

Race And Lawyering In The Legal Writing Classroom, Danielle L. Tully

Faculty Scholarship

No abstract provided.

Let's All Be..Georgia? Expanding Access To Justice For Incarcerated Litigants By Rewriting The Rules For Writing The Law, Ashley Krenelka Chase

South Carolina Law Review

No abstract provided.

Humanizing Transactional Documents: Why And How Transactional Drafters Should Use Narrative Techniques, Karen J. Sneddon

Articles

The core of many transactional documents will be the acquisition, creation, or exchange of property or services. Yet, transactional documents are not only descriptive legal devices that dictate the exchange of widgets for cash. They are multifaceted documents that have the ability to do more than memorialize a transaction and create the private laws between the parties. As narrative texts, transactional documents tell the stories of the parties' relationship, whether it be an employment agreement, trust document, or purchase and sale agreement. Transactional documents present necessary and relevant information as a series of linked events where the transacting parties become …

Charles Dickens' Novels In The Courts, Douglas E. Abrams

Faculty Publications

This article examines written judicial opinions that contain references to novels by Charles Dickens (1812-1870), the British novelist and social critic who is widely regarded as one of the greatest writers of the Victorian Age. Americans today still read Dickens’ best-known novels, and the U.S. Supreme Court and the lower federal and state courts have cited and quoted from them.

Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker

Undergraduate Honors Theses

As of April 2022, sixteen U.S. states ban Gay panic and Trans panic criminal defenses. These state-law prohibitions stemmed from several high-profile murder trials, focusing on the identity of the decedent, including the killings of Matthew Shepard and Latisha King. Between 1970 and 2020, criminal defenses interrogating the gender identity or sexual identity of victims of violence were used at least 104 times, with nearly a third of those cases resulting in reduced criminal charges and penalties. Today, in thirty-four states, the same tactics remain legal. Applying a feminist and outsider legal lens, this study engages in a textual analysis …

Reimagining Langdell's Legacy: Puncturing The Equilibrium In Law School Pedagogy, Danielle L. Tully, Rachel Gurvich, Laura Webb, Alexa Chew, Jane Cross, Joy Kanwar

Faculty Scholarship

No abstract provided.