Legal Writing and Research Commons^™

Title Ix And Title Vii: Parallel Remedies In Combating Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt

Law Faculty Scholarship

This Article examines the federal circuit split concerning whether Title VII of the Civil Rights Act of 1964 provides the exclusive remedy for employment discrimination claims in federally funded educational institutions, or whether Title IX of the Education Amendments of 1972 offers a parallel avenue for relief. While some circuits hold that Title VII preempts employment-based sex discrimination claims under Title IX—emphasizing Title VII’s comprehensive administrative scheme and damages limitations—others permit plaintiffs to proceed directly under Title IX, thereby avoiding administrative exhaustion requirements and statutory damages caps. Through a detailed analysis of statutory structure, Supreme Court precedent, and especially the …

Bargained Justice: The History And Psychology Of Plea Bargaining And The Trial Penalty, Lucian E. Dervan

Law Faculty Scholarship

In Bargained Justice: The History and Psychology of Plea Bargaining and the Trial Penalty, Lucian E. Dervan traces the historical evolution of plea bargaining from its rejection under English common law to its dominance in modern American criminal adjudication.The article demonstrates that inducements to plead guilty—once condemned as coercive and incompatible with truth-seeking—emerged in the United States in the nineteenth century, expanded during periods of overcriminalization and prohibition, and were ultimately constitutionalized in Brady v. United States (1970). Dervan critically examines the Supreme Court’s assumption in Brady that innocent defendants would not falsely plead guilty in significant numbers. Drawing …

Slouching Towards Oblivion: Divergent Implementation And Potential Exodus Of Chevron Analysis In The Supreme Court's Interpretation Of Immigration Law, Amy L. Moore

Law Faculty Scholarship

In Slouching Towards Oblivion: Divergent Implementation and Potential Exodus of Chevron Analysis in the Supreme Court’s Interpretation of Immigration Law, Amy L. Moore examines the Supreme Court’s uneven application of Chevron deference in cases interpreting the Immigration and Nationality Act (INA). Mapping the Court’s immigration jurisprudence from 1984 through 2018, the Article documents a striking inconsistency: although the Court has repeatedly interpreted the INA, it has invoked Chevron in only a minority of those cases. Through a doctrinal survey of decisions such as Cardoza-Fonseca, Aguirre-Aguirre, and St. Cyr, the Article identifies recurring rationales for declining deference, …

International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj

International Journal on Responsibility

The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of international …

Data Visualization: Tips & Tricks, Amy Taylor, Carol A. Watson

Presentations

Data visualization has quickly become a fixture in daily life, from presentations of charts and graphs by media organizations to presentations of data analytics and case relationships by legal database providers. This program will walk participants through the four conceptualizations of data presentation, as well as an exploration on using data visualization to persuade your audience. We will present law library examples for each concept, using free and low cost data visualization tools.

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 …

Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson

Faculty Scholarship

Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the …

Face Fear - Don't Fake It, Heidi K. Brown

Faculty Scholarship

No abstract provided.

References To Television Shows In Judicial Opinions And Written Advocacy (Part Ii), Douglas E. Abrams

Faculty Publications

In the Journal’s January-February issue, Part I of this article began by surveying television’s profound influence on American culture since the early 1950s, a sturdy foundation for federal and state judges who cite or discuss well known television shows in their opinions. Part I presented television drama shows.

This Part II picks up where Part I left of. The discussion below presents television situation comedies (“sitcoms”) and reality TV shows that appear in judicial opinions. The discussion concludes by explaining why advocates should feel comfortable following the judges’ lead by carefully using television references to help make written substantive or …

Familiar Battles Yield Next Generation Victories, Karin Mika

Law Faculty Articles and Essays

No abstract provided.

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

Digital Pro Bono: Leveraging Technology To Provide Access To Justice, Kathleen Elliott Vinson, Samantha A. Moppett

St. John's Law Review

(Excerpt)

Part I of this Article explores the United States justice system’s failure to adequately serve all people irrespective of wealth and position. Next, Part II discusses the ABA’s call to leverage technology to increase access to justice. Part III explores ABA Free Legal Answers Online, the program that the ABA pioneered to help confront the justice gap in the United States. Subsequently, Part IV illustrates how law schools can leverage technology to increase access to justice for low-income communities while providing pro bono opportunities for attorneys and students in their state. This Part highlights Massachusetts as an example of …

Public Records Searching, Margaret Butler

Continuing Legal Education Presentations

Shared websites for searching and finding public records.

Georgia And State Research Resources, Pamela C. Brannon

Continuing Legal Education Presentations

Shares a variety of websites for gathering the state of Georgia and other state information from for legal research.

Federal Law Research Using Govinfo.Gov, Patrick Parsons

Continuing Legal Education Presentations

This session gave those in attendance information on how to use govinfo.gov as a research tool for federal law.

Advanced Internet Research Techniques, Stephen Wolfson

Continuing Legal Education Presentations

This session provided tips for conducting advanced legal research on the internet including special operators for improving Google searches.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne

Journal of Race, Gender, and Ethnicity

No abstract provided.

Good Sentences, Patrick Barry

Articles

To write good sentences, you need to read good sentences. Skilled writers and editors know this, so they seek out good sentences wherever they can find them—the short stories of Alice Munro, the political essays of William F. Buckley, even well-crafted cartoons, speeches, and advertisements. They read not just with voracity but also with an eye toward larceny, always on the lookout for moves that they can learn and repurpose.

Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Dickinson Law Review, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton

Ocean and Coastal Law Journal

Many people assume that access rights to public resources are unwavering. Two Maine Supreme Judicial Court cases concerning limitations to public access to Maine beaches rebut this assumption. In his book, Maine's Beaches Are Public Property: The Bell Cases Must Be Reexamined, Professor Orlando E. Delogu challenges the modifications to public beach access that resulted from these two cases. This Review focuses on the historical and legal arguments that Professor Delogu presents as justification for the reversal of the Bell cases. Professor Delogu gives compelling reasons for his take on the Bell cases and why the State of Maine should …

Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry

Pepperdine Law Review

No abstract provided.

Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker

Articles

Every fall, I work with my first year law students to begin developing their legal writing skills. They work hard learning how to analyze cases objectively, predict how a court might resolve a dispute, and convey their assessments to an experienced attorney. Their improvement from September to December is noticeable. They have only one semester of law school behind them and still have much to learn, but they’re on their way…In the second semester, we begin focusing on advocacy. The first assignment asks students to draft a pretrial brief. When I review the drafts, I’m struck by how many problems …

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic …

Ask A Director Making The Library More Accessable, Lorelle Anderson

Library Faculty Publications

No abstract provided.

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Scholarly Articles

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.

Eminent Domain In New York City, Aiden Hannon

Fordham Undergraduate Law Review

On the first of February, 2008, the United States Court of Appeals for the Second Circuit upheld the condemnation and subsequent development of several Brooklyn properties in Vanderbilt Yards that were obstructing the construction of a new stadium for the New Jersey Nets. The rationale behind the decision in Goldstein v. Pataki derives from the Fifth Amendment’s Takings Clause, which holds that “private property [shall not] be taken for public use without just compensation.” The new construction project would bring a National Basketball Association franchise to Brooklyn, theoretically raising the tax revenue and creating more jobs, alongside sixteen high-rise apartments …

Battle Of The Stripes: An Aristotelian Analysis Of Adidas' "Three Stripes" Trademark Infringement Cases, Rahul Sukesh

Fordham Undergraduate Law Review

This Note explores the extent to which adidas' "three stripes" mark can extend beyond the fashion industry and can claim ownership over three solid stripes as intellectual property. Through exploring adidas’ “three stripes” mark from 2008 onwards, this Note will probe how adidas managed to target companies not only in the industry in which the trademark pertains to, but also industries that fall beyond adidas' jurisdiction of fashion. Firstly, the Note will explore various outcomes of trademark infringement cases, and what the plaintiff, adidas, attempted to claim. Secondly, two lawsuits, considered within the domain of fashion, will be briefly explored. …