Legal Writing and Research Commons^™

Casenote: Killing Life Partners: Why Viatical Settlements Constitute Securities – In Light Of The Sec V. Mutual Benefits Corporation And Other Recent Cases Explicitly Rejecting Life Partners, Brian Levin

ExpressO

No abstract provided.

Adjusting The Rear-View Mirror: Rethinking The Use Of History In Supreme Court Jurisprudence, Mitchell Gordon

ExpressO

No abstract provided.

Analyze This: Using Taxonomies To Scaffold Students' Legal Thinking And Writing Skills, Christine Mary Venter

ExpressO

This Article describes the deficiencies in current pedagogies used in many law schools. It suggests refocussing attention on the development of students' analytical skills, and describes the use of learning theory and taxonomies to achieve that goal. The argument is made that by specifically developing students' analytical skills, students can become more effective writers and lawyers.

Forty-Two: The Hitchhiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher

ExpressO

Students are coming to law school increasingly dependent on computers to serve their research needs. And they expect that computerized legal research will be both more efficient and more effective than book-based research. These expectations place students in conflict with traditionalists who point to the inherent limitations of computer-assisted legal research and the dangers in relying on legal research conducted entirely in electronic databases. These traditionalists favor a “books first,” if not a “books only,” approach. This paper explores the cultural conflict between the traditionalists and the “Google generation,” evaluates the dangers associated with computer-assisted legal research, and proposes a …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Colorado Citations, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

More than ten years ago, I wrote a column addressing special citation forms used by Colorado courts. Readers have clamored for an update, so here it is. . .

Proofreading Tips, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Typos get attention--negative attention--like a blemish on the tip of your nose on prom night. But there is a difference between our blemishes and our typos: while our blemishes may seem more prominent to us than to others, our eyes usually slip right past our own typos. This column presents some techniques for detecting and correcting these errors.

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.

Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein

Washington and Lee Law Review

No abstract provided.

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.

Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz

Washington and Lee Law Review

No abstract provided.

The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett

Washington and Lee Law Review

No abstract provided.

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Two Rules For Better Writing, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

An Analysis Of The Duties And Obligations Of The International Legal Community To The Eradication Of Poverty And Growth Of Sustainable Development In Light Of The Jus Cogens Nature Of The Declaration Of The Right To Development, Freda R. Murray-Bruce

ExpressO

This paper examines the copious problem of world poverty affecting half of the world’s population in the South and assesses the international legal obligations of the international legal community, viz., developed states, transnational corporations and the international financial institutions of the IMF, World Bank and WTO to the eradication of poverty and the growth of sustainable development, in view of the inviolability and peremptory nature of the Charter of the UN, and the international human rights provisions arising therefrom. To this extent, we examine the 1986 General Assembly Declaration on the Right to Development, along with the other International Bill …

Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt

ExpressO

In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt …

A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel

Michigan Law Review

According to the prevailing wisdom in academic public law, constitutional theory is a field that seeks to articulate and evaluate abstract accounts of the nature of the United States Constitution. Theorists offer those accounts as guides to subsequent judicial construction of constitutional provisions. As typically conceived, therefore, constitutional theory tends to proceed analytically from the general to the particular; its animating idea is that correct decisions in constitutional cases presuppose theoretical commitments to the methodological principles that should guide constitutional interpretation and the substantive values such interpretation should advance. In its enthusiasm for abstraction, constitutional theory has, at times, generated …

Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The May 2005 column addressing "which" and "that" evoked a flurry of comments about additional issues. This column responds to the reader questions that column spawned.

The Perils Of Online Legal Research: A Caveat For Diligent Counsel, J. Thomas Sullivan

Law Faculty Scholarship

Online legal research is emerging as a preferred tool for judges, attorneys, and lawstudents, providing a vast amount ofnearly real-time legal resources at the speed of electronic search. This article analyzes the risk of error associated with the immediacy of online opinion publishing and how the uncertainty ofaccuracy potentially compromises the litigator's ability to provide accurate advice.

Oxford: A Haven For Sabbaticals And Other Visits, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

How To Make Your Appellate Brief More Readable, Jonathon S. Byington

Faculty Journal Articles & Other Writings

This article discusses ways to improve the readability of appellate briefs. It is a synthesis of suggestions from several state appellate judges, numerous articles on appellate practice, and the author's own observations.

Review Essay: A Prescription For Perilous Times, Neil S. Siegel

Faculty Scholarship

It seldom happens that a scholar makes a lasting contribution both to legal history and to the most pressing constitutional issues of the day in the same work. It is more rare that an academic does so in a book accessible to a general audience. Perilous Times accomplishes that feat. For these reasons, and for another as well, the book should be regarded as a triumph.

David E. Guinn On A Handbook Of International Human Rights Terminology (Second Edition) By H. Victor Condé. Lincoln, Nb: University Of Nebraska Press, 2004. 536pp., David E. Guinn

Human Rights & Human Welfare

A review of:

A Handbook of International Human Rights Terminology (Second Edition) by H. Victor Condé. Lincoln, NB: University of Nebraska Press, 2004. 536pp.

Going On A “Which” Hunt, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

KK: Here's a question that/which I've wondered about for some time. What is the proper use of the words "that"and "which"? I understand their use in the context of "Which car is yours?"and "It's that red one."However which word is proper in my first sentence and how do I know when to use one or the other?

From The Treasurer: Aall Current Reserve Fund Restored, Joyce Manna Janto

Law Faculty Publications

This article reports on the fiscal health of the American Association of Law Libraries in 2005, including a comparative statement of revenues and expenses.