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Full-Text Articles in Legal Writing and Research

Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis Jan 2016

Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis

Belmont Law Review

Belmont Law Review Symposium: Bringing Blurred Lines into Focus, October 2015.

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Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert Jan 2016

Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert

Belmont Law Review

We’re going to have the opportunity to hear about the road to Tanco v. Haslam, one of the most important individual rights constitutional decisions from the United States Supreme Court in the last half-century. We’ll have an opportunity to gain from Ms. Rubenfeld’s and Ms. Lambert’s perspectives and experiences and hear their stories, Belmont Law Review Modern Legal History Symposium, November 20, 2015.

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Inmate Legal Information Requests Analysis: Empirical Data To Inform Library Purchases In Correctional Institutions, Kimberli Morris Kelmor Jan 2016

Inmate Legal Information Requests Analysis: Empirical Data To Inform Library Purchases In Correctional Institutions, Kimberli Morris Kelmor

Law Library Faculty Works

The introduction of legal content to Google Scholar made United States case law and law journal articles accessible to an unprecedented extent. With case law freely available and accurate bibliographic information for articles, could Google Scholar be accurate and complete enough for correctional institutions to forgo purchasing either print publications or fee-based services for these materials? This article empirically assesses whether Google Scholar can reliably answer the questions of inmates in a correctional facility, the Baltimore City Detention Center. As a comparison, the same questions are tested in Westlaw Correctional, a subscription database marketed to correctional institutions.

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Why Can't I Just Use Lexis Or Westlaw? Promoting Lesser Known Legal Research Platforms To Law Students, Theresa K. Tarves Jan 2016

Why Can't I Just Use Lexis Or Westlaw? Promoting Lesser Known Legal Research Platforms To Law Students, Theresa K. Tarves

Law Library Faculty Works

It can be difficult to convince law students to try new resources outside of Westlaw and Lexis, especially when these two resources seemingly have it all from a law student’s perspective. How do we expose law students to lesser known legal research resources so that they can be well-informed researchers who do not become dependent on only a few resources to carry them through their entire legal careers?

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Social Media And “Flash-Infringement”: Live Music Culture And Dying Ip Protection, Michael M. Epstein Jan 2016

Social Media And “Flash-Infringement”: Live Music Culture And Dying Ip Protection, Michael M. Epstein

Belmont Law Review

This article interrogates issues of music intellectual property rights infringement at live performances. I am especially interested in music infringement at live concerts and DJ-driven mash-up parties, and the use of technologies to transfer protected content by smartphone — or remote storage device — at or near the performance site. The covalent forces of social media, including the use of smartphone apps such as Meerkat and Periscope, and flash mob culture have created a perhaps unstoppable threat to copyright and other intellectual property rights — a phenomenon that I define in this article as “flash infringement.” In a flash infringement …

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Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison Jan 2016

Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison

Belmont Law Review

A transcript of a presentation at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."

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Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown Jan 2016

Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown

Belmont Law Review

General jurisdiction is slowly being eroded. What was once a well-trodden path used to hale corporate defendants into the courthouse is now increasingly barred or shut. In its most recent general jurisdiction opinion, Daimler AG v. Bauman, the U.S. Supreme Court continued its trend towards divesting general jurisdiction of its utility. This is a mistake. The 21st century’s economy is increasingly complex, and general jurisdiction must evolve with this complexity. Failing to do so allows intricate corporate structures to insulate corporate defendants from the jurisdiction of U.S courts. Although the theory of personal jurisdiction has come a long way since …

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The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann Jan 2016

The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann

Belmont Law Review

Most courts, legislatures, and scholars agree that the widespread movement over the past half-century toward aligning liability with fault has positively influenced tort law; however, the change has not come without difficulty. Courts and legislatures have struggled to determine how these developing doctrines affect apportionment of damages in various contexts. This note addresses the issue of how damages should be apportioned among multiple tortfeasors when an injured plaintiff has suffered a workplace injury and the employer or a coworker is partially to blame.

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The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley Jan 2016

The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley

Belmont Law Review

When does attorney-client privilege protect communications between an attorney and her client’s former employee? Unfortunately, there is no simple answer to this question. In federal courts, privilege over communications with current employees is generally governed by the subject-matter test. Under this legal doctrine, communication is privileged when it regards subject matter within the scope of the employee’s position. The rationale for the doctrine is that it is often the lower level employees who will have the information that an attorney needs. Extending the doctrine to former employees, however, has caused courts to stumble as they have attempted to reconcile evidentiary …

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Dear Student Editors, We Need Your Help, Jessica Lynn Wherry Jan 2016

Dear Student Editors, We Need Your Help, Jessica Lynn Wherry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan Jan 2016

Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan

Law Librarian Scholarship

A story published recently in the Detroit News about a Michigan man “asserting a constitutional right to take ‘ballot selfies’ by challenging the state’s long-standing ban on voting station and polling place photography” sparked our interest in whether generational social media preferences might be the driving force for citizens who seek to overturn such laws. After all, the plaintiff is among the earliest born into the Millennial generation, over half of which (55%) have shared a selfie on social media as of 2014, a practice that has become ubiquitous even in politics.

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The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites Jan 2016

The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites

Faculty Scholarship

No abstract provided.

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The Fact Of The Matter, David Spratt Jan 2016

The Fact Of The Matter, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel Jan 2016

Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg Jan 2016

The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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For Judith S. Kaye, Susan N. Herman Jan 2016

For Judith S. Kaye, Susan N. Herman

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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Reflections On Opportunity In Life And Law, Judith S. Kaye Jan 2016

Reflections On Opportunity In Life And Law, Judith S. Kaye

Brooklyn Law Review

This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.

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A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore Jan 2016

A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

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Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar Jan 2016

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

All Faculty Scholarship

No abstract provided.

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Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood Jan 2016

Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood

University of Baltimore Law Review

Imagine that you are an attorney, litigating an appellate case with an atypical fact pattern. You are familiar with the law; however, its application to your client's circumstances is entirely unclear. After endless hours of research, you finally find it: a factually apposite case with a favorable outcome. Elated, you grab your legal pad to scribble down the case citation. But then you see it-that dreaded text at the top of the opinion: "NOT SELECTED FOR PUBLICATION." This is an unpublished opinion. Perturbed and exhausted, your mind starts racing: "What's that rule again? Can I use this? I think that …

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Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai Jan 2016

Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai

Faculty Scholarship

As scholars who write in intellectual property (“IP”), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come with strings attached, such as the ability to see or approve academic work prior to publication or limitations on the release of data. IP scholars who are also engaged in practice or advocacy must struggle to keep their academic and advocacy roles separate.

Our goal is …

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Understanding Validity In Empirical Legal Research: The Case For Methodological Pluralism In Assessing The Impact Of Science In Court, Teneille R. Brown, James Tabery, Lisa G. Aspinwall Jan 2016

Understanding Validity In Empirical Legal Research: The Case For Methodological Pluralism In Assessing The Impact Of Science In Court, Teneille R. Brown, James Tabery, Lisa G. Aspinwall

Utah Law Faculty Scholarship

What makes a study valid or invalid? In 2013, the Hastings Law Journal published a law review article by law professor Deborah Denno entitled What Real-World Cases Tell Us About Genetic Evidence. This article questioned the validity of an article that we published in Science: The Double Edged-Sword: Does Biomechanism Increase or Decrease Judges’ Sentencing of Psychopaths? Denno’s trenchant critique focused on our use of experimental, rather than archival, methodology, and revealed a misunderstanding of the diverse goals of empirical legal research. One study, which in our case investigated the impact of biological explanations of criminal behavior on sentencing, is …

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Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn Jan 2016

Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn

Belmont Law Review

A transcript of the address at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."

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Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby Jan 2016

Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby

Belmont Law Review

A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.

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Shepard Broad College Of Law Legal Research And Writing 2016, Nova Southeastern University Jan 2016

Shepard Broad College Of Law Legal Research And Writing 2016, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

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Huntington Coin Collection And Donation Protection, Zhengcheng Li Jan 2016

Huntington Coin Collection And Donation Protection, Zhengcheng Li

MA Projects

Mr. Archer M. Huntington (1870-1955) was one of the greatest collector and donor in American history at the early 20th century. He was the founder of Hispanic Society of America and the president of American Numismatic Society. During his lifetime, he set up one of the most important Hispanic coin collection and donated all these coins to Hispanic Society of America in the meanwhile loaned to American Numismatic for study and research purpose. After he passed by, at 2008 Hispanic Society of America sued against America Numismatic Society for getting back the Huntington coin collection with other related documents and …

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Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams Jan 2016

Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams

Faculty Publications

Lawyer's commonly write as the client's representative, but this article explores three opportunities for lawyers who wish also to write sometimes in non-representational roles. Part I here discusses writing or co-writing law review articles.

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Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong Jan 2016

Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong

UIC Review of Intellectual Property Law

This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some …

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Once Upon A Transaction: Narrative Techniques And Drafting, Susan M. Chesler, Karen J. Sneddon Jan 2016

Once Upon A Transaction: Narrative Techniques And Drafting, Susan M. Chesler, Karen J. Sneddon

Oklahoma Law Review

No abstract provided.

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Third Circuit Court Reports (1789-1879), Joel Fishman Jan 2016

Third Circuit Court Reports (1789-1879), Joel Fishman

Law Faculty Publications

The history of court reporting of the federal lower judiciary dates from the early days of the Republic. Mr. Fishman helps to document that history by reviewing the publication of the reports for the Third Circuit ( circuit and district courts) covering the nominative reports from the late-eighteenth to the late-nineteenth century, before their republication in Federal Cases by West Publishing Company. A bibliography is appended.

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