Legal Writing and Research Commons^™

Legal Writing As Good Writing: Tips From The Trenches, Andrey Spektor, Michael A. Zuckerman

The Journal of Appellate Practice and Process

No abstract provided.

From Good To Great: The Four Stages Of Effective Self-Editing, Wes Hendrix

The Journal of Appellate Practice and Process

No abstract provided.

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
• A Lesson in Flying (RonNell Anderson Jones)
• Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
• Instruments in His Hand (Elder Larry Echo Hawk)

E-Discovery 2.0, Lumen N. Mulligan, Joyce Isaacs

Faculty Works

No abstract provided.

Teaching “Scholarly Writing” In The First-Year Lwr Class: Bridging The Divide Between Scholarly And Practical Writing, Adam Todd

School of Law Faculty Publications

At a time when there are calls to make legal education more practical and less theoretical, this essay bucks the trend. This piece proposes that there is a need to include an appreciation for “academic” or “scholarly writing” alongside the “practical writing” taught in first-year legal writing classes.

The Growing Regulatory State Of Banking, Alberto R. Gonzales

Law Faculty Scholarship

Our country has often struggled with finding the right balance between too little and too much regulation. Some regulation and oversight is necessary--if for nothing more than to level the playing field. The danger, of course, is that government officials often do not fully appreciate how the heavy hand of regulation affects business, nor anticipate how legislation will affect the markets long term. Lawmakers in several states have introduced resolutions calling on Congress to spit up big banks by separating traditional banking services and investment banking. Five years after the financial crisis, these state resolutions show there is still public …

The Illustrated Guide To Criminal Law, Rebecca Mattson

Law Library Faculty Works

No abstract provided.

What Users Want: A Contextual Overview Of Open Access Legal Resources In The United States, Brian T. Detweiler

Law Librarian Other Scholarship

Paper presented at the Law via the Internet Conference, Jersey, Channel Islands, September 26-27, 2013.

An Examination Of Cities' Resilence To Violent Crime: A Contextual Analysis Of Victim-Offender Convergence, Vanessa Hatch Woodward

Dissertations

In his 2012 Presidential Address to the American Society of Criminology, Robert Sampson purported that causality can only be reached when social science researchers accept that individual actions are dependent on social context. He referred to this as contextual causality and argued that future research needed to focus on how to measure and/or reoperationalize community measures of crime.

There were three primary goals of this study. First was to provide a better understanding of victim-offender convergence in time and space (Cohen & Felson, 1979) within incidents of violent crime. In order to meet this goal, 90 city agencies’ incident and …

Review: Assessing Agency Legitimacy, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Case Law Research Using Westlaw Campus, Robert Berry

Librarian Publications

Presentation by Robert Berry on the basics of Case law research.

University Of New Hampshire School Of Law Library, Susan Drisko Zago

Law Faculty Scholarship

Review of The University of New Hampshire School of Law Library, Concord, NH.

The Joy Of Collaboration: Reflections On Teaching With Others, Richard Strong, Sarah Morath, Elizabeth A. Shaver

Akron Law Faculty Publications

Three legal writing professors who have worked collaboratively for several years describe why their experience collaborating with one another worked so well. In particular, this essay outlines the many personal benefits that can be experienced as part of a collaborative process. This essay also describes several benefits that students and law schools can experience. For those interested in collaborating with others, the essay concludes with some useful tips.

A Normalized Scoring Model For Law School Competitions, Edward K. Cheng -- Professor Of Law, Scott J. Farmer

Vanderbilt Law School Faculty Publications

Although the focus in this Article is moot court scoring, one can envision many other instances of law school assessment in which such a normalization problem arises. Law review competitions also involve different sets of graders, whose subjective determinations must be reasonably commensurate to make fair comparisons. Even more intriguing, although presenting a more complicated problem, law school grades suffer the same normalization concern. Courses feature material with different degrees of difficulty, attract different pools of students, and are taught by different instructors. Yet, class rank and graduation honors are ultimately calculated under the assumption that all grades are commensurate. …

Elm In The Courtroom: Application To Trial Juries, Natalie Claire Hopkins

Communication Studies

No abstract provided.

Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman

Washington Law Review

Scholarship is the work-product of scholars. The word derives the Latin schola, as in school. Hence, scholarship is related to education, which in turn is related to the advancement of human knowledge. By that measure, the best scholarship may increase our knowledge, both practical and theoretical. But when undisclosed bias affects that which is offered up as knowledge, it may unduly slant our understanding of life, law, and other things that matter. While bias-free knowledge may be a utopian ideal, it is, nonetheless, a principle worthy of our respect.

Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said

Washington Law Review

This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure. The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

Book Review - Henke: California Law Guide, Second Edition, Nancy J. Kitchen

Pepperdine Law Review

No abstract provided.

When Is Copying Ok In Legal Writing?, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft discusses the best practices for copying in legal writing.

Res Ipsa Non Loquitur: The Writing Of Opinions, Harold H. Kolb Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Nine Secrets For Living With Judges , J.P. Vero

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Professional Legal Writing Declaring Your Independence, Patrick R. Hugg

Journal of the National Association of Administrative Law Judiciary

This article proposes two controversial assertions about the writing of many lawyers and judges today and offers a central theme for improving that writing. These bold propositions are offered in an effort to awaken and perhaps inspire the legions of overworked, harried legal scriveners inhabiting our legal community to adopt a new methodology of writing. Too many legal writers today are forced by the various (nefarious) circumstances of their work to crank out reams of hastily conceived and poorly edited text. The time has arrived for us to admit to this unacceptable state of affairs and to declare independence from …

Administrative Decision Writing , Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Professional Writing Methodology , Patrick R. Hugg

Journal of the National Association of Administrative Law Judiciary

Characterizing attorneys as professional writers, in the literary sense, who just happen to work in the legal milieu, this article discusses the author’s principles of “Professional Writing Methodology.”

Style In Judicial Writing, Griffin B. Bell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Unseen Hand In Administrative Law Decisions: Organizing Principles For Findings Of Fact & (And) Conclusions Of Law, Michael Frost

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Evidence Column, Paul R. Troeh Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Searching For The Nano-Needle In A Green Haystack: Researching The Environmental, Health, And Safety Ramifications Of Nanotechnology, Taryn L. Rucinski

Pace Environmental Law Review

This Article will attempt to serve as a primer by demystifying the process of how to efficiently locate resources discussing the environmental health and safety (EHS) impacts of nanotechnology in the United States (U.S.). Part I of this Article begins with an examination of basic strategies for conducting research in the EHS nanotech field. Part II focuses on traditional legal resources such as texts, treatises, encyclopedias, as well as law review and journal articles. Part III examines such non-legal resources as reports, scientific studies, internet sites and other current awareness services. This last section is followed by a brief conclusion.

The Art Of Legal Writing, Thomas E. Spahn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.