Legal Writing and Research | Open Access Articles

The St. Thomas Law Review: Its Ideal And Its Accomplishments (Introduction)

St. Thomas Law Review

No abstract provided.

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Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 25, Issue 3, Summer 2013.

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Legal Writing For The Real World: A Practical Guide To Success, 46 J. Marshall L. Rev. 487 (2013), Megan Boyd, Adam Lamparello

UIC Law Review

No abstract provided.

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Marketing And Outreach In Law Libraries: A White Paper, Amanda Runyon, All-Sis Task Force On Library Marketing And Outreach

Law Librarian Scholarship

In recent years, libraries have turned to marketing and outreach to better educate library users about services and resources while gaining an understanding of their needs. Marketing and outreach are relatively new concepts in academic law libraries, and librarians tasked with these functions have found resources and examples of this type of work to be lacking. Though focused on academic law libraries, the article identifies the challenges facing all law libraries, explains why libraries need marketing and outreach plans, and provides examples of marketing and outreach successes.

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Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

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A Look Inside The Butler's Cupboard: How The External World Reveals Internal State Of Mind In Legal Narratives, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

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Giving Purpose To Your Life As A Legal Writer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma

Law Librarian Scholarship

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.

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A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page

Articles

By studying the scene through the eyes of the client and the witnesses, the attorney can not only evoke this psychological subtext, but can also weave relevant and probative details into the statement of facts and the argument and elicit such detail at trial. For instance, in a case involving a car accident, the weather, the temperature, the time of day, the traffic on the road, and the color of the cars, signs, and traffic lights can be relevant as to the degree that a driver was negligent. Similarly, in a case involving child neglect, the smell of a home, …

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Oh, The Treatise!, Richard A. Danner

Faculty Scholarship

This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins …

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Drones: The Power To Kill, Alberto R. Gonzales

Law Faculty Scholarship

After the terrorist attacks on September 11th, 2001, the Bush Administration began the use of unmanned armed aerial drones to pursue targets in Afghanistan and Pakistan. The Obama Administration has continued this policy, expanding it to pursue substantially more targets in Yemen and new ones in Pakistan. This Article analyzes the Obama Administration’s procedures for placing American citizens on the list of targets for drone strikes and proposes additional measures that Congress and the President can take to ensure that the procedures comply with constitutional guarantees of due process. This Article uses Supreme Court precedents on enemy combatant designations and …

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Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman

Law Faculty Scholarship

Within American society, there is a general sense that changing the rules after the game has been played is unfair. While state legislatures more often enact prospective legislation, they nevertheless still regularly engage in retroactive civil lawmaking. In essence, state legislatures are changing the rules after the game has been played. Most Americans inaccurately assume such measures are unconstitutional under the federal constitution. Although several provisions of the United States Constitution offer potential sources of constitutional constraint upon retroactive civil lawmaking, ultimately, as they have been interpreted by the United States Supreme Court, these protections are extremely narrow, largely hollow, …

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Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben

Faculty Works

A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …

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Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean

Journal of Business & Technology Law

No abstract provided.

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The Costs Of Consistency: Precedent In Investment Treaty Arbitration, Irene M. Ten Cate

Faculty Scholarship

No abstract provided.

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The Filaments Of The Vicarious: Notes To The Authors Of This Book, Joseph Vining

Book Chapters

Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and lives. Origins and influences can begin with a biology teacher in secondary school, J. C. Catt, for whom I wrote a long paper on a drop …

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“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler

Articles

No abstract provided.

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Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 26, Issue 1, Fall 2013.

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Human Trafficking Law And Resources, Kincaid C. Brown

Law Librarian Scholarship

The U.S. State Department estimates as many as 27 million men, women, and children are global human trafficking victims at any given time. In 2012, only 46,570 new victims were identified. Globally, there were only 7,705 prosecutions and 4,746 convictions for human trafficking crimes in 2012. In the United States, there were 2,515 suspected incidents of human trafficking investigated between January 2008 and June 2010. Of these, more than 80 percent of the victims of sex trafficking were U.S. citizens or nationals, and more than 90 percent of the victims of labor trafficking were undocumented or qualified aliens.

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Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana

Journal of Business & Technology Law

No abstract provided.

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Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault

Articles, Book Chapters, & Popular Press

In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …

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Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch

Law Faculty Publications

This article introduces Prezi, the online presentation software which has emerged as a most promising alternative to Microsoft PowerPoint. Part I offers a basic description of Prezi, points out widely perceived shortcomings of PowerPoint, and considers whether Prezi can remedy them.

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The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman

Faculty Scholarship

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …

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Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Alex Zhang, Keiko Okuhara, Evelyn Ma

Faculty Scholarship

The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.

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Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History, Elizabeth Berenguer Megale

Barry Law Review

No abstract provided.

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The Promise Of Parentheticals: An Empirical Study Of The Use Of Parentheticals In Federal Appellate Briefs, Michael D. Murray

Law Faculty Scholarly Articles

This article on current trends in briefing reports an empirical study of the use of parentheticals in federal appellate court briefs submitted between February 1, 2011, and July 31, 2011. The study was designed to answer this question: How are parentheticals currently used for rhetorical purposes in appellate briefs to explain a synthesis of authorities? My hypothesis entering the study was that parentheticals currently are used beyond a simple informational function in citation forms for four rhetorical purposes: (1) to quote and highlight portions of authorities ("quotation" function), (2) to explain and illustrate the principles induced from a synthesis of …

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Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education, David Mcclure

Scholarly Works

Law libraries should play a greater role in addressing the current crisis in legal education. Proponents for educational reform often view libraries as a vehicle for cost savings, while overlooking the ability of libraries to train students in the skills and competencies that are essential for the practice of law. Libraries’ research assistant programs can be particularly effective in imparting workplace values and lawyering skills beyond the traditional law school curriculum. This article encourages libraries to build on the strengths of their research assistant programs as a substantive way to equip law students with essential skills for today’s legal marketplace.

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Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark

Georgetown Law Faculty Publications and Other Works

In this study of 380 students in a law school’s 2011 graduating class, the data demonstrates a strong correlation between high performance in legal writing courses and high performance in non-legal writing courses. There is also a strong correlation at the opposite end: low performers in legal writing courses are low performers in non-legal writing courses. This article provides the hard data to support the significance of writing skills by demonstrating the correlation between performance in legal writing courses and performance in other law school courses by comparing grades and Grade Point Averages (GPAs). Of course grades and GPA data …

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The Case For Curation: The Relevance Of Digest And Citator Results In Westlaw And Lexis, Susan Nevelow Mart

Publications

Humans and machines are both involved in the creation of legal research resources. For legal information retrieval systems, the human-curated finding aid is being overtaken by the computer algorithm. But human-curated finding aids still exist. One of them is the West Key Number system. The Key Number system’s headnote classification of case law, started back in the nineteenth century, was and is the creation of humans. The retrospective headnote classification of the cases in Lexis’s case databases, started in 1999, was created primarily - although not exclusively - with computer algorithms. So how do these two very different systems deal …

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(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss

Publications

No abstract provided.

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Full-Text Articles in Legal Writing and Research

The St. Thomas Law Review: Its Ideal And Its Accomplishments (Introduction)

St. Thomas Law Review

Front Matter

St. Thomas Law Review

Legal Writing For The Real World: A Practical Guide To Success, 46 J. Marshall L. Rev. 487 (2013), Megan Boyd, Adam Lamparello

UIC Law Review

Marketing And Outreach In Law Libraries: A White Paper, Amanda Runyon, All-Sis Task Force On Library Marketing And Outreach

Law Librarian Scholarship

Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page

Faculty Scholarship

A Look Inside The Butler's Cupboard: How The External World Reveals Internal State Of Mind In Legal Narratives, Cathren Koehlert-Page

Faculty Scholarship

Giving Purpose To Your Life As A Legal Writer, David Spratt

Scholarly Articles in Law Reviews & Journals

Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma

Law Librarian Scholarship

A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page

Articles

Oh, The Treatise!, Richard A. Danner

Faculty Scholarship

Drones: The Power To Kill, Alberto R. Gonzales

Law Faculty Scholarship

Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman

Law Faculty Scholarship

Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben

Faculty Works

Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean

Journal of Business & Technology Law

The Costs Of Consistency: Precedent In Investment Treaty Arbitration, Irene M. Ten Cate

Faculty Scholarship

The Filaments Of The Vicarious: Notes To The Authors Of This Book, Joseph Vining

Book Chapters

“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler

Articles

Front Matter

St. Thomas Law Review

Human Trafficking Law And Resources, Kincaid C. Brown

Law Librarian Scholarship

Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana

Journal of Business & Technology Law

Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault

Articles, Book Chapters, & Popular Press

Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch

Law Faculty Publications

The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman

Faculty Scholarship

Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Alex Zhang, Keiko Okuhara, Evelyn Ma

Faculty Scholarship

Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History, Elizabeth Berenguer Megale

Barry Law Review

The Promise Of Parentheticals: An Empirical Study Of The Use Of Parentheticals In Federal Appellate Briefs, Michael D. Murray

Law Faculty Scholarly Articles

Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education, David Mcclure

Scholarly Works

Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark

Georgetown Law Faculty Publications and Other Works

The Case For Curation: The Relevance Of Digest And Citator Results In Westlaw And Lexis, Susan Nevelow Mart

Publications

(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss

Publications