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Full-Text Articles in Legal Writing and Research

Registration, Seattle University School Of Law Aug 2017

Registration, Seattle University School Of Law

Western Regional Legal Writing Conference

No abstract provided.


Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's "Time To Blossom", Paul Jerome Mclaughlin Jr. Aug 2017

Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's "Time To Blossom", Paul Jerome Mclaughlin Jr.

Library Faculty Publications

In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.


Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's “Time To Blossom”, Paul Mclaughlin Aug 2017

Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister's “Time To Blossom”, Paul Mclaughlin

Law Library Faculty Scholarship

In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.

Citation: Paul Jerome Mclaughlin, Jr. (2017) Finding the Theory and Method for the Pedagogy of Teaching Legal Research: A Response to Callister's “Time …


Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2017

Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Words Under The Words, Patrick Barry Aug 2017

The Words Under The Words, Patrick Barry

Articles

The words lawyers choose can change the decisions people make. Psychologists call the mechanics of this change “framing.” They’ve found, for example, that more people will decide to have a surgery if they are told that the “survival rate is 90%” than if they are told that the “mortality rate is 10%” — even though a survival rate of 90% is exactly the same as a mortality rate of 10%. They’ve also found that having to pay a “surcharge” for using a credit card rankles people (especially people in the credit card lobby) more than if they were simply told …


Closing The Legal Aid Gap One Research Question At A Time, Kathleen Elliott Vinson, Samantha A. Moppett Jul 2017

Closing The Legal Aid Gap One Research Question At A Time, Kathleen Elliott Vinson, Samantha A. Moppett

Suffolk University Law School Faculty Works

Currently, two of the hot topics in legal academia are “access to justice” and experiential learning. The justice system’s failure to adequately serve all people irrespective of wealth and position has brought access to justice to the forefront. Experiential learning has made the headlines due to the recent changes in the American Bar Association standards regarding the incorporation of experiential learning into the law school curriculum. Despite being hot topics, these issues are often neglected or given short shrift in the law school curriculum, particularly in the first year. Law schools grapple with how to work towards closing the legal …


Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart Jul 2017

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.


Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart Jul 2017

Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 400 n.78 (2017), available at http://scholar.law.colorado.edu/articles/755/.


Cuban Law & Legal Research: A Snapshot During The Deshielo: A Handout Prepared To Accompany Program D4, American Association Of Law Libraries Annual Meeting & Conference, Austin, Texas, July 17, 2017, Julienne Grant, Marisol Floren-Romero Jul 2017

Cuban Law & Legal Research: A Snapshot During The Deshielo: A Handout Prepared To Accompany Program D4, American Association Of Law Libraries Annual Meeting & Conference, Austin, Texas, July 17, 2017, Julienne Grant, Marisol Floren-Romero

Faculty Publications & Other Works

Researching Cuban law poses numerous challenges for U.S. researchers. These challenges run the gamut from an inadequate understanding of Cuban sources of law, to unwieldy government websites. This guide addresses those challenges head on by providing a snapshot of Cuban law and an assessment of Cuban legal resources. The guide served as a handout to accompany the program, “Cuban Law and Legal Research: A Snapshot During the Deshielo,” presented at the American Association of Law Libraries’ Annual Meeting & Conference on July 17, 2017, in Austin, Texas.


Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky Jul 2017

Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky

Law School Blogs

No abstract provided.


Proquest Regulatory Insight, Pamela C. Brannon Jul 2017

Proquest Regulatory Insight, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.


The Pesky Serial Comma, Douglas E. Abrams Jul 2017

The Pesky Serial Comma, Douglas E. Abrams

Faculty Publications

The "serial comma" - sometimes called the "Oxford comma" or the "Harvard comma"- comes immediately before a conjunction that separates the last of three or more elements in a series. For example, consider the trio "ready, willing, and able." Consider too "win, lose, or draw." The serial comma is the one immediately before the "and" or the "or." In statutes or private arrangements, a comma's presence (or, as in O'Connor, its absence) may hold high stakes for litigants.


Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore Jul 2017

Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore

Law Faculty Scholarship

This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, …


Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin Jun 2017

Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin

Presentations

Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.

One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize …


Tribal Supreme Court Project: Ten Year Report, Richard Guest May 2017

Tribal Supreme Court Project: Ten Year Report, Richard Guest

American Indian Law Journal

No abstract provided.


References To Spring's Championship Sports In Judicial Opinions And Written Advocacy, Douglas E. Abrams May 2017

References To Spring's Championship Sports In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

t'he courts' own careful use of sports references invites advocates to carefully use sports references in the-i briefs and other written submissions. With the post-season playoffs and the World Series holding sports fans' attention, I wrote in the journal's September-October 2016 issue about the role of baseball references in judicial opinions and written advocacy. As attention turned to post-season playoffs and the Super Bowl, I wrote in the January-February 2017 issue about football references.

The trilogy of articles concludes here with sampling of judges' recent references to four sports that hit high notes every Spring Basketball, with the National Basketball …


Tips For Writing Concisely, Kristin J. Hazelwood May 2017

Tips For Writing Concisely, Kristin J. Hazelwood

Law Faculty Popular Media

No abstract provided.


Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2017

Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz Apr 2017

Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz

Law School Blogs

No abstract provided.


Breaking Bad Briefs, Heidi K. Brown Apr 2017

Breaking Bad Briefs, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith Apr 2017

Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith

Law Faculty Scholarship

A variation of the common limited liability company (LLC) represents the newest form of entity enterprise on the business scene today. This is the Series Limited Liability Company (Series LLC). Under a Series LLC, the single LLC may establish and contain within itself separate series or cells. These cells or series are referred to by the Drafting Committee for the Limited Liability Company Protected Series Act of the National Conference of Commissioners on Uniform State Laws (NCCUSL) as “Protected Series.” Each such separate Protected Series is treated as an enterprise separate from each other and from the Series LLC itself. …


When Tenure Standards Are Wrong, James Grimmelmann Apr 2017

When Tenure Standards Are Wrong, James Grimmelmann

Cornell Law Faculty Publications

No abstract provided.


“Best Practices”: A Giant Step Toward Ensuring Compliance With Aba Standard 405(C), A Small Yet Important Step Toward Addressing Gender Discrimination In The Legal Academy, Kristen K. Tiscione Apr 2017

“Best Practices”: A Giant Step Toward Ensuring Compliance With Aba Standard 405(C), A Small Yet Important Step Toward Addressing Gender Discrimination In The Legal Academy, Kristen K. Tiscione

Georgetown Law Faculty Publications and Other Works

In March 2014, the American Bar Association (ABA) voted to leave Accreditation Standard 405 undisturbed.” The ABA’s decision required law schools to continue to grant tenure to traditional law faculty, yet permitted them to continue to deny tenure to clinical and legal writing faculty. At the same time, recognizing the need for increased professional skills training, the ABA voted to increase the number of experiential credits law students must complete from one to six. As explained to the ABA Council in advance, these two decisions work together to increase the demands on skills faculty, who are predominantly female, yet keep …


Law Library Blog (April 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2017

Law Library Blog (April 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana Apr 2017

An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana

Michigan Law Review

Review of Evicted: Poverty and Profit in the American City by Matthew Desmond.


Justice Scalia And The Idea Of Judicial Restraint, John F. Manning Apr 2017

Justice Scalia And The Idea Of Judicial Restraint, John F. Manning

Michigan Law Review

Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .


Breaking Bad Briefs, Heidi K. Brown Apr 2017

Breaking Bad Briefs, Heidi K. Brown

Articles & Chapters

This article focuses on the practical effects of bad briefing on our legal process and suggests a holistic remedy: a system-wide commitment to striving to instill in law students and lawyers a respect for legal writing as, not only a fundamental competency of our chosen profession, but a talent that requires initial training, focused study, repeated practice, and conscious evolution throughout the arc of one’s legal education and career. Effective brief-writing is not as simple as a quick cut-and-paste job, a template download, or a stream-of-consciousness exercise, even for lawyers who repeatedly practice one type of case. Part I of …


Foreword: The Books Of Justices, Linda Greenhouse Apr 2017

Foreword: The Books Of Justices, Linda Greenhouse

Michigan Law Review

For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a book-like …


Digging Into The Foundations Of Evidence Law, David H. Kaye Apr 2017

Digging Into The Foundations Of Evidence Law, David H. Kaye

Michigan Law Review

Review of The Psychological Foundations of Evidence Law by Michael J. Saks and Barbara A. Spellman.


Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran Apr 2017

Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran

Law Faculty Scholarship

You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you have developed over years patrolling these same streets, tells you to stop and at least attempt to start a conversation with the group to determine whether criminal activity is afoot and …