Legal Writing and Research Commons^™

First Amendment Right To Receive Information And Ideas Justifies Citizens' Videotaping Of The Police, David L. Hudson Jr.

Law Faculty Scholarship

Several courts have declared that members of the public have a First Amendment-protected right to film or videotape the police. At least one legal commentator has posited that this right falls within three of the five textually-based freedoms of the First Amendment - the Speech, Press, and Petition Clauses. This right to receive information and ideas is a "corollary" of the right to speak that triggers the First Amendment interests of not only speakers, but also audiences. This right to receive information and ideas applies in the context of citizens recording the police. The public has a right to know …

Voices On Innocence, Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena Elizabeth Beety, Gregory M. Gilchrist, William W. Berry

Law Faculty Scholarship

In the summer of 2015, experts gathered from around the country to sit together and discuss one of the most pressing and important issues facing the American criminal justice system – innocence. Innocence is an issue that pervades various areas of research and influences numerous topics of discussion. What does innocence mean, particularly in a system that differentiates between innocence and acquittal at sentencing? What is the impact of innocence during plea bargaining? How should we respond to growing numbers of exonerations? What forces lead to the incarceration of innocents? Has an innocent person been put to death and, if …

Preserving The Llsdc Legislative Source Book With Perma.Cc, Roger V. Skalbeck

Law Faculty Publications

With LLSDC’s Legislative Source Book, Rick McKinney was constantly concerned about the collection’s stability, functionality, and availability. With any major revision to the LLSDC.org website, Rick worked to ensure that content was accessible and that he and members of the Legislative Research SIS could keep it updated. In an effort to preserve the Legislative Source Book, the collection’s core elements were captured using the Perma.cc service. These links reference archived versions of each source, presented in parallel to its current form. There is more depth and detail than presented here, which shows the collection’s complex and comprehensive coverage.

Minor Federal Government Regulatory Agencies, Kathleen Klepfer

Law Faculty Publications

Rick McKinney’s “Federal Administrative Law: A Brief Overview” is a succinct and helpful place to find information about rulemaking, common administrative law statutes, and the major administrative agencies. But what about those unsung heroes, the minor regulatory agencies whose necessity—and sometimes purpose—are lost to history? We propose this addendum to Rick’s article to give a couple of these minor agencies their due.

Leveraging Narratives: Communicating Value With Qualitative Content, Roger V. Skalbeck

Law Faculty Publications

The contemporary law library is embodied by its information resources, physical space, technology infrastructure, and the people who make it all happen. Each of these elements can change dramatically with new information tools, shifting organizational demands and emerging service models.

Everything Old Is New Again: Will Narrow Networks Succeed Where Hmos Failed?, Deborah R. Farringer

Law Faculty Scholarship

As health insurers try to navigate the new limitations set forth under the ACA, including prohibitions on denying individuals with pre-existing conditions and limitations on the rating of patients, insurers are looking towards models that will enable them to control costs without access to their usual tools. What they have developed is not so much a new insurance model, but actually a concept that first arose during the rise of managed care; that is, limited provider networks utilized within health maintenance organizations (“HMOs”). These “new” insurance products, often referred to as narrow networks or high-performance networks, offer beneficiaries a more …

The Meaning Of The Constitution And The Selection Of Judges, Harold See

Law Faculty Scholarship

In the ongoing debate over the best method for choosing judges, the focus has been on the perceived drawbacks of judicial election without commensurate consideration of either the advantages of popular elections or the disadvantages of the commission system-usually styled the "Missouri plan" or "merit selection." One such consideration is the means of defining the judicial power.

Bargain Shopping: Free And Low-Cost Legal Research Options, Kenton S. Brice

Other Faculty Publications

No abstract provided.

Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Alex Xiaomeng Zhang

Faculty Scholarship

Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.

Law School Institutional Repositories: A Survey, Kincaid C. Brown

Law Librarian Scholarship

There has been a dramatic rise in the number of law libraries managing institutional repositories for their law schools. In 2011, there were some 30 law schools with such repositories; now, 80 of the top 100 law schools have their own or participate in a university-wide repository wherein the law school has an identifiable, school-specific collection or community. This article discusses a survey of the of the top 101 law schools, in hopes of facilitating an understanding of the breadth of material to be found in law school institutional repositories.

Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang

Law Librarian Scholarship

Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.

Introduction To Thinking About A Post-Aca World: Litigation, Cost Shifting And Enforcement Of Statutory Rights, Maria O'Brien

Faculty Scholarship

At its annual gathering in 2016, members of the Employee Benefits and Executive Compensation and Law, Medicine and Healthcare Sections of the Association of American Law Schools (AALS) jointly sponsored a discussion of the future of the Affordable Care Act (ACA) following the Supreme Court's decision in King v. Burwell.' What follows are the papers generated for the panel discussion. The panelists² were asked to evaluate the future of the ACA from a distinct perspective.

Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger

Scholarly Works

An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”

My …

Speaking Of Stories And Law, Linda H. Edwards

Scholarly Works

A recurring question in narrative scholarship has been the relationship of narrative to law. Most narrative scholars agree that stories are central to law. As Stephen Paskey recently pointed out, stories are more than a tool for persuasion. They are embedded in law’s very structure. But how does that work? Are rules just stories articulated in a different form?

We have barely begun to explore narrative’s roles, but it is already clear that, in the words of Meryl Streep, “it’s complicated.” A conceptual map of what we’ve learned so far can help us unpack the complexity. Otherwise we may run …

“Law &” Meets “Law As”, Linda L. Berger

Scholarly Works

Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.

Research Instruction And Resources In The Transactional Skills Classroom: Approaches To Incorporating Research Instruction Into Transactional Skills Courses, Lori D. Johnson, Jeanne Price, Eric H. Franklin

Scholarly Works

Professors Lori Johnson, Jeanne Price, and Eric Franklin discuss methods of teaching legal research skills in the context of a transactional law class.

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …

Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley

Scholarly Works

Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …

Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan

Articles by Maurer Faculty

No abstract provided.

Writing Specialist As Rescue Club, Joan W. Howarth

Scholarly Works

In this column in The Second Draft, a biennial online publication of the Legal Writing Institute featuring essays, book reviews, and shorter articles of interest to legal writing professionals, Professor Joan Howarth discusses the importance of her Writing Specialist, a key member of her faculty while Dean of Michigan State School of Law.

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone

Scholarly Works

Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …

Opinion & Dissent: Magic Words, Lori D. Johnson

Scholarly Works

No abstract provided.

Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus

Michigan Journal of Gender & Law

LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …

Legal Beagle's Blog Archive For December 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Patent And Know-How Licensing In Japan And The United States, Terry K. Smith

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward), Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.

Inside Regulatory Interpretation: A Research Note, Christopher J. Walker

Michigan Law Review First Impressions

We now live in a regulatory world, where the bulk of federal lawmaking takes place at the bureaucratic level. Gone are the days when statutes and common law predominated. Instead, federal agencies—through rulemaking, adjudication, and other regulatory action—have arguably become the primary lawmakers, with Congress delegating to its bureaucratic agents vast swaths of lawmaking power, the President attempting to exercise some control over this massive regulatory apparatus, and courts struggling to constrain agency lawmaking within statutory and constitutional bounds. This story is not new. Over two decades ago, for instance, Professor Lawson lamented the rise of the administrative state and …

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Cu Law Library Launches New Resource For Historical Colorado Statutory Research, Robert Linz

Other Faculty Publications

Colorado legal researchers have a new tool for statutory research. The University of Colorado's William A. Wise Law Library (Law Library or CU Law Library) has completed a digitization project of Colorado session laws. The collection contains PDF files of session law volumes from 1861 (when the Territory of Colorado was created) through 1992. The collection is available at lawlibrary.colorado.edu/colorado-session-laws. This article describes the need for such a collection, how it was created, and how to search it.