Legal Writing and Research Commons^™

Jurisdiction, The Internet, And The Good Faith Exception: Controversy Over The Government’S Use Of Network Investigative Techniques, Maureen Weidman

Dickinson Law Review (2017-Present)

In February 2015, the FBI discovered a website dedicated to child pornography located on the Tor Network, a network designed to protect its users’ identities on the Internet. Due to the structure of the Tor Network, the FBI could not take down the website and identify users who previously accessed the website. Instead, the FBI kept the website operational for 30 days and applied for a search warrant in the Eastern District of Virginia to use a device called a Network Investigative Technique (“NIT”). This device operated similarly to malware and “attached” to computers accessing the website, allowing the government …

Law Library Blog (April 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Books Have The Power To Shape Public Policy, Barbara Mcquade

Michigan Law Review

In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.

Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.

And books about the law, like the ones reviewed …

Inclusive Legal Writing, Heidi K. Brown

Articles & Chapters

No abstract provided.

Green Bag Cataloging Trivia, Aaron S. Kirschenfeld

Faculty Publications

No abstract provided.

Table Of Contents And Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land & Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated in the …

Felix V. Sero : Brief Of Petitioner On Writ Of Certiorari To The Utah Supreme Court, Jennifer Joslin, Brandon Fuller

Utah Law Student Scholarship

Best Brief in the 2018 Traynor Moot Court Competition. Drafted by Jen Joslin and Brandon Fuller, S.J. Quinney College of Law.

This case turns on the great import of protecting and preserving the best interests of children. There are two questions for this Court to determine: (1) the extent to which a parent’s right to travel should influence a custody determination, and (2) the extent to which one parent may avoid paying a share of childcare expenses by asserting an equitable defense of laches. Though both questions implicate the rights and interests of the parents, this Court’s holding should come …

The Next Great Challenge: Making Legal Writing Scholarship Count As Legal Scholarship, Kristen K. Tiscione

Georgetown Law Faculty Publications and Other Works

The Legal Writing Journal published my first article. For that reason alone, it is special to me. As I am sure is true for many legal writing scholars, the Journal helped me find my voice, provided welcome validation, and conferred value on my scholarly effort. I have a copy of each print volume in my office, and like old friends, they are always there when I need them. I miss receiving each new cream and green issue in the mail, devouring it, and adding it to my collection, but the online version is equally pleasing in a different way and …

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

What Don’T You Know And How Will You Learn It?, Elizabeth G. Adelman

Book Reviews

Reviewing Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387.

Gender Disparity In Law Review Citation Rates, Christopher A. Cotropia, Lee Petherbridge

William & Mary Law Review

Gender disparity in scholarly influence—measured in terms of differential citation to academic work—has been widely documented. The weight of the evidence is that, in many fields of academic inquiry, papers authored by women receive fewer citations than papers authored by men. To investigate whether a similar gender disparity in scholarly influence exists in legal studies, we analyze the impact of gender on citation to articles published in top 100 law reviews between 1990 and 2010. We find evidence of gender disparity in citation rates, but in surprising contrast to observations made in other disciplines, we observe that articles authored by …

Digital Literacy: Detecting Fake News In A Post-Truth Era, Carol A. Watson

Continuing Legal Education Presentations

Discusses the origins and impact of "fake news" and implications for a law practice.

Searching High And Low: Advanced Search Tips And Tricks, Wendy Moore

Continuing Legal Education Presentations

Searching is easy; so much so, that you can be surprised when the desired information is not retrieved in the first few search results when doing a basic Google search. A basic Google search, while a good place to begin, should not also be the end of your search. This paper gives you search strategies to apply when a basic Google search does not produce the results you

The Theory Of The Case: Competitive Intelligence Tips For Attorneys, Suzanne R. Graham

Continuing Legal Education Presentations

Explores web-based or web-hosted tools that help in three important areas of online legal research: competitive intelligence, business intelligence, and investigative research. The tools are new and shiny, but the strategizing and intellectual legwork needed to use them effectively mirrors how an attorney prepares a case for trial. Shares notable tools with guidance on shortcomings and strengths.

Using Social Media Research To Your Advantage, Endia S. Paige

Continuing Legal Education Presentations

We live in a time when Facebook, Twitter, and other social media networks have become so integrated into daily life that it is critical for attorneys to maintain a basic understanding of the most popular platforms and how they can benefit his or her legal practice.

Social media has made it easier to gather information about litigants and other professionals in the legal field. This paper provides an overview of the most popular social media platforms used by adults in the United States and gives insight into how attorneys can use them to conduct legal and investigative research.

From The Capitol To The West Wing: Making The Most Of Federal Law And U.S. Government Information On The Web, Anne Burnett

Continuing Legal Education Presentations

When searching for federal government materials and federal law on the web, researchers are more likely to encounter an overabundance of information than a lack thereof. Fortunately, free federal government and non-government sites have made great strides in improving accessibility to these materials through better organization and finding tools.

This paper directs researchers to both official and unofficial free sites providing access to federal government materials, including federal law. These sites are an alternative to fee-based services, including Westlaw, LexisNexis, Bloomberg BNA and FastCase, although most do not contain all of the bells and whistles that these commercial services offer. …

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 …

The Invisible Scholar: Authors Of Legal Scholarship In Criminology And Criminal Justice Journals, Brenda I. Rowe, Wesley S. Mccann, Craig Hemmens

Criminology and Criminal Justice Faculty Publications (Archived)

This study assesses the authorship of legal scholarship within 20 criminology and criminal justice (CCJ) journals from 2005 through 2015, examining trends over time and variation across journals in the prevalence of sole-authorship and the mean number of authors and identifying the most prolific authors of legal scholarship published in CCJ journals. The study thus sheds light on the extent of collaboration among CCJ legal scholars and identifies CCJ legal scholars who have remained largely invisible due to their focus on a marginalized subfield.

Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Pepperdine Law Review Masthead, Cameron Fraser

Pepperdine Law Review

No abstract provided.

The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore

Belmont Law Review

In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …

Crafting Relatable Tales: Teaching Students The Importance Of Multidisiplinary Legal Research Using A Story Arc Structure, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

No abstract provided.

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

No abstract provided.

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.

Micro Essay, Alex Zhang

Scholarly Articles

Ideally, you would want a database that contains everything possible. But life is not perfect, especially when you are already stranded on a deserted island. I would take a magic citator service, which provides the subseque nt history of every single primary source of law: not just cases, statutes, or regulations, but all agency decisions, trial court orders, municipal codes, and ethics opinions, etc. The one that is not only a citation index of legal resources but a “citation index” w/2 (legal-rule! or legal-standard!). May my wish come true (citator % “deserted island!”).

Aall 2018 Implicit Bias In Legal Research Instruction Handout, Shamika Dalton, Raquel Gabriel, Clanitra Nejdl, Michelle Rigual

College of Law Faculty Scholarship

No abstract provided.

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

Scholarly Works

No abstract provided.

Astonishingly Excellent Success Or Sad! Loser! Failure: Why President Trump’S Legal Narratives “Win” With Some Audiences And “Lose” With Others, Cathren Page

Articles

While President Trump is often called a liar and various commentators have analyzed his rhetorical approach, little has been said about storytelling's role in his wins and losses. Trump’s narratives about legal issues enjoy wild success with his supporters, amuse some critics, and terrify others. Thus far into his presidency, his legal narratives have often failed with courts. With nearly sixty-three million American voters backing Trump, scholars and students of persuasion cannot ignore his successes. However, with over sixty-five million Americans voting against him and various court’s ruling against him, scholars and students of persuasion also cannot ignore his failures. …