Legal Writing and Research Commons^™

A Call For A New Buffalo Law Scholarship, Erik M. Jensen

Faculty Publications

Those who haven't been paying attention to buffalo law should.

The Law Review Manuscript Glut: The Need For Guidelines, Erik M. Jensen

Faculty Publications

Legal academics generally publish in student-edited journals that have no sole-submission requirement, and it is common for authors to submit articles to dozens of journals at a time. As a result, law reviews are buried in manuscripts. Most manuscripts cannot even be looked at, much less evaluated, and there’s not much reason for evaluation anyway: a journal has little chance to publish any particular article. In short, the legal publication system is broken. (Indeed, given the ease and trivial cost of electronic submission - why not submit the article on artichoke law to Yale as well as So-So State? - …

Teaching As Art Form - Review Of The Elements Of Teaching, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

The authors of this gem of a book—both retired college teachers who gave their professional lifetimes to teaching—write simply and passionately about what it takes to be an effective teacher, and manage to reduce the key aspects of a complex process down to nine primary elements. In so doing, they provide not only a road map of aspiration for the new teacher, but also signposts of inspiration for the experienced teacher.

Eye Of The Beholder, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Fortunately, some universals about legal audiences help make the task of defining good legal writing easier than defining good fiction writing. Legal writing must be utilitarian, so the emphasis should be on the message rather than on the writing itself. Consequently, to avoid distracting or turning off readers, my students must concentrate as much on what they should not write as on what they actually do write.

When A Rose Isn’T “Arose” Isn’T Arroz: A Guide To Footnoting For Informational Clarity And Scholarly Discourse, William B.T. Mock

International Journal of Legal Information

The essence of footnoting is communication with the reader, but footnote communication that is literally subordinate to the primary text. What a footnote communicates therefore depends upon and extends what the primary text communicates, from telling the reader where to find the source of a reference made in the text through guiding the reader to the different ideas of other members of the invisible college of scholars in the field. By remaining sensitive to the purposes of different footnotes and the needs of the reader, effective footnoting can make a valuable contribution to scholarship.

Teach The Children Well: Incorporating Cultural Literacy Into The Law School Learning Experience, Debra Moss Curtis

Faculty Scholarship

This article is an examination of what and how we teach in law school. Much attention has been given to the concept of the Socratic Method and whether teaching in this manner "hides the ball" from students. Rather than focusing on whether the ball is hidden, my work shall focus on whether students know what the ball is in the first place.

Trademark Searching Tools And Strategies: Questions For The New Millennium, Jon R. Cavicchi

Law Faculty Scholarship

The intent of this discussion is to raise questions about trademark searching which will be discussed in future issues of IDEA. I will lead you through the questions raised by my journey through primarily legal literature in treatises and periodicals on the Lexis and Westlaw platforms.

Keeping Up To Date With Ip News Services And Blogs: Drowning In A Sea Of Sameness?, Jon R. Cavicchi

Law Faculty Scholarship

It seems like so many IP related Websites you visit invite you to join their free email list to keep you up to date. Sources span a wide spectrum including governmental organizations, non-governmental organizations, educational institutions, consulting services, law firms, commercial publishers and more. These sources span the spectrum from free, to low fee to premium pricing. With all of this information overload and choices, how do you differentiate and choose news sources?

The goals of this article are twofold. Goal one is to present a survey of types and categories of IP news tools available to IP researchers. Since …

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 733 (2006), Timothy T. Hsieh, Jennifer Simmen Lewin, Jerome C. Pandell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 24 J. Marshall J. Computer & Info. L. 699 (2006), Chris Norris, Justin Sisemore, Anndi Queenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 18, Issue 3, Spring 2006.

Legal Writing Programs And Professionalism: Legal Writing Professors Can Join The Academic Club, James M. Boland

St. Thomas Law Review

Sociological jurisprudence has been a major factor in legal interpretive schemes for over a century, but this has not been reflected in most legal writing programs. These programs must produce legal writers who not only are competent writers, but are also competent legal theorists who know the difference between classical rule-based reasoning and modem interpretive methods. Concomitantly, legal writing professors must produce scholarship that reflects the diversity of these more complex schemes, rather than just writing about writing. This article will first describe the current condition of legal writing programs, and then suggest changes that more thoroughly introduce students to …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 19, Issue 2, Winter 2006.

As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy

Faculty Scholarship

No abstract provided.

Fundamental Dimensions Of Law And Legal Education: An Historical Framework - A History Of U.S. Legal Education Phase I: From The Founding Of The Republic Until The 1860s, 39 J. Marshall L. Rev. 1041 (2006), Mark L. Jones

UIC Law Review

No abstract provided.

Rethinking Bibliographic Services – The University Of California Libraries Asks How They Can Provide Better End-User Services Through Bibliographic Processing, Elizabeth A. Edinger

Scholarly Articles

No abstract provided.

The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott

Book Chapters

Prof. Scott focuses on the study of the role of former slaves in the Cuban War of Independence, in light of the avoidance of the theme of race within this war in Cuban historiography. She discusses reasons for the silence on race issues, and for the historic construction of the "myth" of racial equality in this era.

The Orthodoxy Of Format: Some Sketches On Legal Scholarship, William Aceves, James Cooper, Alejandro Gonzalez, Pedro Egana Marshall

Faculty Scholarship

The idea that legal scholarship should include visual elements is not a new one. Early student work blazed a trail some thirty years ago. More recent contributions have been produced by scholars such as Keith Aoki. And, in 2006, the Center for the Study of the Public Domain at Duke University published a comic book addressing copyright law and the fair use doctrine.

Despite these efforts, there does not appear to be any systematic attempt to use graphic art in legal scholarship. This project makes such an appeal. It challenges the conventional format for legal scholarship that has been used …

Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann

UIC Law Open Access Faculty Scholarship

In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses.

They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …

Lawyers And Learning: A Metacognitive Approach To Legal Education, 13 Widener L. Rev. 33 (2006), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

No abstract provided.

Frequently Asked Questions About Aall's First Hundred Years, Frank G. Houdek

Publications

To kick off the yearlong celebration of the centennial of the American Association of Law Libraries in 2006, Professor Houdek answers some basic questions about the history of AALL.

Too Broke To Hire An Attorney - How To Conduct Basic Legal Research In A Law Library, Mike Martinez Jr, Michael P. Forrest

Faculty Articles

This article targets as its audience pro se patrons - individuals who cannot afford counsel and need to conduct their own legal research. The poor and disenfranchised have historically had difficulty getting equal access to justice. The cause is often the fact that they cannot afford legal representation. This could lead to exclusion from the legal process. A solution might be self-representation, which presents its own difficulties, as the pro se litigant will likely need to access resources in a law library.

Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone

Journal Articles

No abstract provided.

A Chilling Of Discourse, David R. Barnhizer

Law Faculty Articles and Essays

I argue that the key consequence of the collectives of multicultural, postmodernists, radical feminists, critical race activists, sexuality advocates and others working for radical change is not only the politicization of knowledge in what is after all a realm of politics we call law, but the incoherence of knowledge and the loss of the quality and integrity of our pursuit of knowledge through scholarship. One result is that much of the scholarship and teaching found in the humane and political or noncumulative disciplines such as law are forms of self-interested propaganda in which honesty is muted or excluded and truth-seeking …

Chinese Law And Legal Research (Book Review), Chenglin Liu

Faculty Articles

Mr. Wei Luo has taken up the enormous challenge of establishing a subject-arrangement codification system and a uniform legal citation standard for China. Mr. Luo’s unique exposure to the Chinese legal system and law making process has made him the ideal scholar to address Chinese legal research. As a result of a five-year-long endeavor to direct these codification and legal citation projects, Mr. Luo has published his outstanding volume Chinese Law and Chinese Legal Research.

As the title of the book indicates, Mr. Luo’s work has gone far beyond the scope of an ordinary research guide or annotated bibliography. He …

Download It While It's Hot: Open Access And Legal Scholarship, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article analyzes the shift of legal scholarship from the old world of law reviews to today's world of peer reviews to tomorrow's world of open access legal blogs. This shift is occurring in three dimensions. First, legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short articles, blog posts, and online collaborations). Second, a regime of exclusive rights is giving way to a regime of open access. Third, intermediaries (law school editorial boards, peer-reviewed journals) are being supplemented by disintermediated forms (papers on the Internet, blogs). Blogs and internet conversations …

Copyright And Trademark Legal Research, Terrance K. Manion, Colleen C. Williams

Faculty Publications By Year

No abstract provided.

The Economics Of Open Access Law Publishing, Jessica D. Litman

Articles

The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. Recently, we have seen a number of high-profile experiments seeking to use one of a variety of forms of open access scholarly publishing to develop an alternative model. Critics have not quarreled with the goals of open access publishing; instead, they've attacked the viability of the open access business model. If we are examining the economics of open access publishing, we shouldn't limit ourselves to the question whether open access journals have fielded a …

The Law Is Not The Case: Incorporating Empirical Methods Into The Culture Of Case Analysis, Kay L. Levine

Faculty Articles

While I consider case analysis in the context of cultural defense jurisprudence, this Essay should be regarded as a case study of a more endemic problem in legal scholarship. In tackling such an area, my goal is not to overthrow centuries of legal analysis, but rather to explore how we, as legal scholars, might use social science techniques to more systematically investigate, document, analyze, and predict the state of a particular comer of the legal universe.

The argument proceeds in two parts. Part II considers empirical approaches to the question raised by Lee: how might we ascertain the relationship between …