Legal Writing and Research Commons^™

Follow The Money! What Are You Spending On Research Sources? Part Iii: Teaching Old Resources To Do New Tricks, Shannon Kemen, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.

Colorado Legal Ethics: Guide To Resources, Robert Linz

Other Faculty Publications

Officers of the court and public figures, including attorneys and judges, are required to adhere to high ethical standards in conducting their professional duties. Courts and bar associations have a long tradition of identifying ethical norms and regulating conduct through rules and action. Although some conduct is obviously incorrect, the appropriateness of other conduct is less clear. When attorneys are unsure of the ethical nature of an action, they will need to consult sources for guidance. These sources may be fellow attorneys or bar association ethics hotline advisors.These sources also include the rules, decisions, and commentary that constitute the body …

Legal Information Links For Public Librarians, Patricia Morgan, Lisa Parisi

UF Law Faculty Publications

No abstract provided.

Symposium Introduction - The Law Librarian's Role In The Scholarly Enterprise, Duncan E. Alford

Faculty Publications

No abstract provided.

The Inevitability Of Theory, Richard O. Lempert

Articles

I wrote this Article in response to an invitation to deliver the keynote address at Berkeley Law School’s Jurisprudence and Social Policy conference Building Theory Through Empirical Legal Studies. Lauren Edelman, the intellectual mother of the conference, gently brushed aside my suggestion that I present one of my own attempts to synthesize the results of empirical research to generate theory, and asked that I directly address the conference topic. I am glad that she did.

Before They Even Start: Hope And Incoming 1ls, Barbara Brunner

Faculty Scholarship

Newly-accepted law school 1Ls often express interest in how they should spend the summer before starting their fall courses in order to be best prepared for success in their first semester. This desire to have a "leg up" on law school success leads those of us teaching first-year courses to think more deeply about what constitutes a "good preparation" for the unique experiences that new law students will face, and what skills are really necessary to increase their possibilities of success, especially in the first semester.

Over the past few years, I have compiled a list of activities which I …

The Relevance Of Results Generated By Human Indexing And Computer Algorithms: A Study Of West's Headnotes And Key Numbers And Lexisnexis's Headnotes And Topics, Susan Nevelow Mart

Publications

This article begins the investigation into the different ways results are generated in West's "Custom Digest" and in LexisNexis's "Search by Topic or Headnote" and by KeyCite and Shepard's. The author took ten pairs of matching headnotes from important federal and California cases and reviewed the results sets generated by each classification and citator system for relevance. The differences in the results sets for classification systems and for citator systems raise interesting issues about the efficiency and comprehensiveness of any one system, and the need to adjust research strategies accordingly

Colorado Legal Ethics: Guide To Resources, Robert M. Linz

Publications

No abstract provided.

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …

Researching Colorado Local Government Law, Robert Linz

Other Faculty Publications

As citizens, our daily lives are directly affected by local law. For example, many of us consider the speed limit (and whether we'll get caught exceeding it) as we drive to work each day, as well as the amount of property tax we pay each year. Given the immediate impact of local laws on residents, it seems counterintuitive that the body of local law is obscure and difficult to research. This article presents an overview of Colorado local government organization and the resources available to help researchers find law by and about local government.

Find It Fast And Free: An Update On Florida And Federal Research On The Internet, Patricia Morgan

UF Law Faculty Publications

No abstract provided.

Just The Facts, Ma’Am: Make The Web Your Investigative Partner, Anne Burnett

Presentations

The web is a handy investigative tool, allowing a researcher to obtain information about persons, property and things. One can find email addresses, home addresses, telephone numbers, criminal records, military service information, property records, vital statistics information, photographs and more. This information may help locate a missing heir, reveal useful information about a potential expert witness, confirm the legitimacy of a business, determine who owns a piece of property or expose the litigious nature of a potential client. The focus in these program materials is on free resources, but I also cover a few fee-based services that can be accessed …

Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones

Cornell Law Faculty Publications

Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.

Helpful Resources For Handling A Domestic Relations Case, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

The State Of The States : Online Resources For State Legal Research, Sharon Bradley

Presentations

Finding state and local laws can be challenging. Here are some best-bet websites to help find state and local law online.

Legal Research Assessment, Simon Canick

Faculty Scholarship

Legal research instructors seek to provide their students with a working knowledge of important research tools, strategies with which to develop a rational research plan, and the skill to conduct research efficiently, among other things. A well-conceived legal research class may utilize short-answer assignments, quizzes, and scavenger hunt exercises as a means to establish a baseline of knowledge with critical sources; a series of research problems, with grading based upon students' ability to describe a coherent and logical progression; and a pathfinder or process-oriented final exam, all depending on the instructor's goals. Ultimately, the variety of available assessment tools suggests …

Legal, Factual And Other Internet Sites For Attorneys And Legal Professionals, Timothy L. Coggins

Law Faculty Publications

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, law librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants and paralegals, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information about individuals.1

The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz

Publications

When patrons can't come to the library, sometimes the librarian must go to the patrons. That is exactly what happened this past year in the state of Colorado.

Researching Colorado Local Government Law, Robert M. Linz

Publications

No abstract provided.

Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan

All Faculty Scholarship

The legal academy has framed legal research as a professional skill, and much research pedagogy centers around replicating a controlled professional environment to allow students to learn how to do research by simulating legal practice. Although this is a valid way to conceptualize research, it is not the only way. Another way to conceptualize research is as a consumer transaction. Legal information is, in many ways, a product that information providers market to lawyers and students, as the promotions and contests that LexisNexis and Westlaw sponsor demonstrate. Once legal information is understood as a product, the process of research can …

Electronically Manufactured Law, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article seeks to strengthen the case for the academy and the legal profession to pay heed to the consequences of the shift to electronic research, primarily by employing cognitive psychology to guide predictions about the impacts of the shift and, thereby, address a perceived credibility gap. This credibility gap arises from the difficulty and imprecision in postulating how changes in the research process translate into changes in researcher behavior and research outcomes. Applying principles of cognitive psychology to compare the print and electronic research processes provides an analytical basis for connecting changes in the research process with changes in …

Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler

UF Law Faculty Publications

In Florida, direct democracy at the state level consists entirely of the initiative method of amending the State constitution. This constitutional provision was partly a response to the State’s history of obstacles to affording equitable legislative representation to all its citizens, a struggle with roots dating back to the Reconstruction era. The State constitution, governing statutes and regulations, and the Division of Elections Web site serve as the primary sources of information and guidance for those interested in the process of amending the State constitution by citizen-sponsored initiative.

C. English, Ed., Essays In The History Of Canadian Law, Volume Ix: Two Islands: Newfoundland And Prince Edward Island, R Blake Brown

Dalhousie Law Journal

The Osgoode Society for Canadian Legal History has played a vital role in encouraging legal history research in Canada, and one of its most important programs has been the Essays in the History of Canadian Law series. Canada lacks a legal history journal, but since 1981 the Osgoode Society has provided an opportunity for scholars to publish their work in one of its collections. Two Islands is the ninth such edited volume by the Osgoode Society that bears the title Essays in the History of Canadian Law. The first two volumes, published in 1981 and 1983, were general collections containing …

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Why Re-Invent The Wheel? Utilize Appellate Court Briefs Databases, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.

Using Actual Legal Work To Teach Legal Research And Writing, Michael A. Millemann

Faculty Scholarship

Legal research and writing (LRW) teachers should use actual legal work to teach their courses, including (indeed, especially) first-year courses. The legal work might come from a planned or ongoing lawsuit, transaction, or other matter. What is important is that it is real, although in my model, the teacher can add hypothetical features to customize the legal work to the particular LRW course. For example, in an appellate advocacy course, the teacher could present the legal issues arising out of a pretrial matter by summarily “deciding” them in a hypothetical trial court opinion, thus allowing the students to fully explore …

A Guide To Searching Cyberspace Law Online, Jennifer L. Selby

Law Librarian Scholarship

Cyberspace law is an umbrella term that touches on and encompasses many different areas of the law, including Internet, intellectual property, cybercrime, e-commerce, and privacy, among others. Cyberspace law includes aspects of United States law, in addition to foreign, comparative, and international law.1 Today, legal researchers in cyberspace law can enhance their search capabilities with web-based resources, including primary and secondary materials. Many of the resources discussed here are available freely on the Internet. For those resources that are licensed and networked, researchers may access them only at subscribing law libraries, and not remotely.2

Updated Lessons In Conducting Basics Legal Research By Pro Se Litigants Who Cannot Afford An Attorney, Mike Martinez Jr, Michael P. Forrest, Paul S. Miller

Faculty Articles

The first generation of this article was written and published by The Scholar in 2006.1 Because the trend to accessing legal materials is geared more and more toward the Internet, the tour of the book world that was the focus of the original article requires expansion to include those sources available on the World Wide Web.2 Thus, this article contains most of the content in the original article, and then is supplemented by discussions of content currently available from online legal resources.

Researching Across The Curriculum: The Road Must Continue Beyond The First Year, Brooke J. Bowman

Oklahoma Law Review

No abstract provided.

Empirical Legal Research, A Growing Area Of Service For Us Law Librarians, Darla Jackson

Other Faculty Publications

No abstract provided.