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Articles 3001 - 3030 of 6247

Full-Text Articles in Legal Writing and Research

Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan Jan 2013

Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan

Law Faculty Scholarship

We investigated plea bargaining by making students actually guilty or innocent of a cheating offense and varying the sentence that they would face if found ‘guilty’ by a review board. As hypothesized, guilty students were more likely than innocent students to accept a plea deal (i.e., admit guilt and lose credit; akin to accepting a sentence of probation) (Chi-square=8.63, p<.01) but we did not find an effect of sentence severity. Innocent students, though not as likely to plead as guilty students, showed an overall preference (56% across conditions) for accepting a plea deal. Implications and future directions are discussed.

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The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins Jan 2013

The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins

Law Faculty Scholarship

In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …

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Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr. Jan 2013

Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.

Law Faculty Scholarship

Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.

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White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan Jan 2013

White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Law Faculty Scholarship

Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …

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Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak Jan 2013

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

Scholarly Works

This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.

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Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger Jan 2013

Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger

Scholarly Works

Drawing on recent studies of social cognition, decision making, and analogical processing, this article recommends that lawyers turn to novel characterizations and metaphors to solve a particular kind of persuasion problem that is created by the way judges and juries think and decide. According to social cognition researchers, we perceive and interpret new information by following a process of schematic cognition, analogizing the new data we encounter to the knowledge structures embedded in our memories. Decision-making researchers differentiate between intuitive and reflective processes (System 1 and System 2), and they agree that in System 1 decision making, only the most …

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Legal Writing: A Doctrinal Course, Linda H. Edwards Jan 2013

Legal Writing: A Doctrinal Course, Linda H. Edwards

Scholarly Works

Legal writing instruction in American law schools has come a long way. Although scattered experiential courses and co-curricular activities have existed since legal education moved into a university setting, the modern era of skills education began in the 1950s and 1960s, with the creation of live-client clinics at many law schools. Early legal writing programs soon followed, moving into the main stream of curricular reform during the 1980s and 1990s. As these new courses and new instructors moved into the academy, the language of legal education naturally changed. Law faculties found themselves wanting to describe these new additions to the …

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Where To Begin Researching International Sports Law, Rebecca Mattson Dec 2012

Where To Begin Researching International Sports Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching international sports law.

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For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon Dec 2012

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.

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Appendix A: Statistical Analysis Of The Data, Susan Nevelow Mart Study Of Search Functions In Lexis And Westlaw, Jeffrey T. Luftig Nov 2012

Appendix A: Statistical Analysis Of The Data, Susan Nevelow Mart Study Of Search Functions In Lexis And Westlaw, Jeffrey T. Luftig

Research Data

Appendix A is Jeffrey Luftig's statistical analysis of the empirical data in the study of citator and digest functions in Lexis.com and Westlaw.com published in Susan Nevelow Mart, The Case for Curation: The Relevance of Digest and Citator Results in Westlaw and Lexis, 32 Legal Reference Services Q. 13 (2013), available at http://www.tandfonline.com/doi/pdf/10.1080/0270319X.2013.759036. A preprint version of Nevelow Mart's article is available at http://scholar.law.colorado.edu/articles/102/.

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Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.

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How Metacognitive Deficiencies Of Law Students Lead To Biased Ratings Of Law Professors, Catherine J. Wasson, Barbara J. Tyler Nov 2012

How Metacognitive Deficiencies Of Law Students Lead To Biased Ratings Of Law Professors, Catherine J. Wasson, Barbara J. Tyler

Touro Law Review

No abstract provided.

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Enriching The Vocabulary Of Law: New Legal Subject Headings, Suzanne R. Graham, George Prager Nov 2012

Enriching The Vocabulary Of Law: New Legal Subject Headings, Suzanne R. Graham, George Prager

Articles, Chapters and Online Publications

No abstract provided.

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E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood Nov 2012

E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.

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The Attorney Signature Block On A Brief: A Jumping-Off Point For Discussing Ethics, Heidi K. Brown Oct 2012

The Attorney Signature Block On A Brief: A Jumping-Off Point For Discussing Ethics, Heidi K. Brown

Faculty Scholarship

No abstract provided.

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’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen Oct 2012

’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen

Elisabeth Haub School of Law Student Publications

It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe …

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Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford Oct 2012

Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford

IP Theory

No abstract provided.

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Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz Oct 2012

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

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Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro Oct 2012

Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro

Cornell Law Faculty Publications

As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an …

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The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray Oct 2012

The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray

Law Faculty Scholarly Articles

The Great Recession of 2008 and onward has drawn attention to the American economic and financial system and has cast a critical spotlight on the theories, policies, and assumptions of the modern, neoclassical school of law and economics-often labeled the "Chicago School"-because this school of legal economic thought has had great influence on the American economy and financial system. The Chicago School's positions on deregulation and the limitation or elimination of oversight and government restraints on stock markets, derivative markets, and other financial practices are the result of decades of neoclassical economic assumptions regarding the efficiency of unregulated markets, the …

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Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson Oct 2012

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

All Faculty Scholarship

This article seeks to demonstrate the negative effects of law schools’ preoccupations with enhancing their image and marketing strategy, especially as they are reflected in both scholarship and academic freedom.

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The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Enrique S. Pumar, Faith Mullen Sep 2012

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Enrique S. Pumar, Faith Mullen

University of the District of Columbia Law Review

This project has its origins at the University of the District of Columbia David A. Clarke School of Law (UDC). In March 2008, UDC hosted a meeting between the Pro Bono Committee of the District of Columbia Office of Administrative Hearings, and clinical professors and pro bono coordinators from several law schools in the District of Columbia. At that meeting, the Pro Bono Committee initiated a dialogue about how to better meet the needs of self-represented individuals who appear before the Office of Administrative Hearings (OAH) and extended an invitation to attend some OAH hearings. Professor Mullen accepted that invitation …

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What's Up, Dockets?, Virginia C. Thomas Sep 2012

What's Up, Dockets?, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.

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Review Of Writing For Dollars, Writing To Please, Susan David Demaine Aug 2012

Review Of Writing For Dollars, Writing To Please, Susan David Demaine

Articles by Maurer Faculty

No abstract provided.

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Universal Citation In Sixty Seconds, Anne Burnett Jul 2012

Universal Citation In Sixty Seconds, Anne Burnett

Presentations

A large format infographic describing the system for citation which permits reference to legal or law-related information in any medium without requiring reference to proprietary products. Includes a timeline of the Universal Citation Guide from 1993 to 2012, citation elements, a list of states and territories that adopted the practice and an interactive QR code for accessing AALL's page on this citation format. The poster also encouraged viewers to advocate for adopting Universal citation with judges, attorneys and legislators.

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Finding Legal, Factual, And Other Information In A Digital World, Timothy L. Coggins Jul 2012

Finding Legal, Factual, And Other Information In A Digital World, Timothy L. Coggins

Law Faculty Publications

This updated listing of Internet sites for legal, factual, and other research offers a combination of more established sites and newer sites developed since the publication of the previous listing. The article began as a comprehensive bibliography of research and other sites for an Advanced Legal Research course and a series of continuing education sessions for legal assistants and paralegals.1 The current version includes sites for primary authorities, both federal and state, as well as URLs for other types of information, such as sites that assist in finding expert witnesses and biographical and background information about individuals.

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How Librarians Can Help Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse Jul 2012

How Librarians Can Help Improve Law Journal Publishing, Benjamin J. Keele, Michelle Pearse

Library Staff Publications

Librarians are well positioned to improve law journal publishing and help it evolve in the ever-changing digital environment. They can provide student editors with advice on a variety of issues such as copyright, data preservation, and version control. Librarians can also help journals adopt technical standards and improve the discoverability and usability of journal content. While few libraries will be able to adopt all these suggestions, a checklist of ideas is provided to help librarians select those that are most suitable to their libraries and journals.

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Erratum, Fred R. Shapiro, Michelle Pearse Jun 2012

Erratum, Fred R. Shapiro, Michelle Pearse

Michigan Law Review First Impressions

Fred R. Shapiro and Michelle Pearse's essay The Most-Cited Law Review Articles of All Time, 110 MICH. L. REV. 1483 (2012), omitted an article: Owen M. Fiss, Groups and the Equal Protection Clause, 5 PHIL. & PUB. AFF. 107 (1976). Professor Fiss's article should have been listed in 72nd place (with 729 citations) in Table I, Most-Cited Law Review Articles of All Time. Professor Fiss's article fell into the category of articles published in nonlegal journals with over 50 percent of the citations to them occurring in legal journals. See Shapiro & Pearse, supra, at 1487-88. This category by its …

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Introduction - Reading Modern Law: Critical Methodologies And Sovereign Formations, Sundhya Pahuja, Ruth Buchanan, Stewart J. Motha Jun 2012

Introduction - Reading Modern Law: Critical Methodologies And Sovereign Formations, Sundhya Pahuja, Ruth Buchanan, Stewart J. Motha

Articles & Book Chapters

Reading Modern Law identifies and elaborates upon key critical methodologies for reading and writing about law in modernity. The force of law rests on determinate and localizable authorizations, as well as an expansive capacity to encompass what has not been pre-figured by an order of rules. The key question this dynamic of law raises is how legal forms might be deployed to confront and disrupt injustice. The urgency of this question must not eclipse the care its complexity demands. This book offers a critical methodology for addressing the many challenges thrown up by that question, whilst testifying to its complexity. …

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The Most-Cited Law Review Articles Of All Time, Fred R. Shapiro, Michelle Pearse Jun 2012

The Most-Cited Law Review Articles Of All Time, Fred R. Shapiro, Michelle Pearse

Michigan Law Review

This Essay updates two well-known earlier studies (dated 1985 and 1996) by the first coauthor setting forth lists of the most-cited law review articles. New research tools from the HeinOnline and Web of Science databases now allow lists to be compiled that are more thorough and more accurate than anything previously possible. Tables printed here present the 100 most-cited legal articles of all time, the 100 most-cited articles of the last twenty years, and some additional rankings. Characteristics of the top-ranked publications, authors, and law schools are analyzed as are trends in schools of legal thought. Data from the all-time …

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