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Articles 31 - 60 of 164
Full-Text Articles in Legal Writing and Research
Masthead, Editorial Board
Fixing America's Founding, Maeve Glass
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 …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 15 (2020).
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
Undergraduate Theses
This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.
Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt
Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt
University Libraries Faculty Scholarship
The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government …
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
Dignity: A Journal of Analysis of Exploitation and Violence
This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
All Faculty Scholarship
No abstract provided.
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 13 (2018).
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
References To Football In Judicial Opinions And Written Advocacy, Douglas E. Abrams
References To Football In Judicial Opinions And Written Advocacy, Douglas E. Abrams
Faculty Publications
Writing for the Court,Justice Elena Kagan explained that the dual bases of liability, recited in Section 11 of the Securities Act of 1933, are not "an invitation to Monday morning quarterback an issuer's opinions" if the opinions later prove incorrect. The Court thus spurned second-guessing from the relative comfort of hindsight. With her nod to football, justice Kagan employed a rhetorical technique that justices and lower federal and state judges have employed with increased frequency since the early 1970s. In cases with no claims or defenses concerning sports, written opinions help decide or explain issues of law or fact with …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 29, Issue 2, Spring 2017.
Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens
Persona Non Grata: The Marginalization Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens
Criminology and Criminal Justice Faculty Publications (Archived)
Recently, concern has been voiced within the academy regarding the marginalization of legal scholarship within the criminology and criminal justice (CCJ) discipline. Although conventional wisdom and anecdotal evidence indicate that it is difficult to get legal scholarship published in CCJ journals, there is a dearth of empirical evidence on the representation of legal scholarship in CCJ journals. The present study assesses the representation of legal scholarship in 20 CCJ journals from 2005 through 2015, examining both trends over time and variation across journals. Findings indicate legal scholarship comprises a very small portion of articles published, there has been a steep …
New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger
New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger
All Faculty Scholarship
We construct our conceptual world using metaphors. Yet sometimes our concepts are flawed and our metaphors do damage. This Article examines a set of metaphors currently doing damage in law – those for legal research. It shows that while technology has radically altered the material world of legal research, our dominant metaphors have remained static, and thus, become outmoded. Conceptualizing today’s reality using old metaphors fails; it is like pouring new wine in old wineskins. To address this problem, this Article first surfaces unwarranted assumptions buried in the metaphors we use when talking about research and then proposes new metaphors …
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
Graduate Student Publications and Research
What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
University of Richmond Law Review
No abstract provided.
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
University of Richmond Law Review
No abstract provided.
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh
Touro Law Review
No abstract provided.
Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel
Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel
Touro Law Review
No abstract provided.
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley
Touro Law Review
No abstract provided.
Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi
Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi
Law Faculty Scholarship
[Excerpt] The UNH School of Law Intellectual Property Library celebrates its twentieth anniversary this year. It is a fortuitous time for this look back and for strategic considerations for the future. This anniversary comes at a time in the history of legal education when conditions over the past few years have intensified the analysis of mission and resources for law school libraries. This article is a retrospective review of the history and dynamics surrounding the founding and first twenty years of growth. It is also an analysis of the future growth and mission of the IP Library during times that …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 29, Issue 1, Fall 2016.
Dedication To Dean Timothy L. Coggins, W. Clark Williams Jr.
Dedication To Dean Timothy L. Coggins, W. Clark Williams Jr.
University of Richmond Law Review
No abstract provided.
Tribute To Gail F. Zwirner, Paul M. Birch
Tribute To Gail F. Zwirner, Paul M. Birch
University of Richmond Law Review
No abstract provided.
Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher
Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Front Matter
St. Thomas Law Review
Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 27, Issue 1, Spring 2015.