Legal Writing and Research Commons^™

Gay Politics And Precedents, Frank B. Cross

Michigan Law Review

One can find many analyses of the development of gay rights law in America but none are so illuminating as Daniel Pinello's in his book Gay Rights and American Law. More significantly, while it offers a superb understanding of the recent record of gay rights litigation, the book provides a fine-grained and sophisticated understanding of judicial decisionmaking in this important and developing area of the law. Indeed, the value of the book for students of judicial decisionmaking even transcends its value for students of gay rights jurisprudence. Quantitative empirical studies of judicial decisionmaking, well established in political science, have …

Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson

Michigan Law Review

In The Two-Income Trap, Harvard Law School Professor Elizabeth Warren and business consultant Amelia Warren Tyagi reach a startling conclusion: a two-income middle-class family faces greater financial risks today than a one-income family faced three decades ago. Middle-class families are caught in an "income trap" because they budget based on two incomes and face financial ruin if they lose an income or incur unexpected expenses. The authors suggest that most middle-class families cannot quickly adjust their budgets because their largest monthly expense is the fixed mortgage payment. The parents maintained that they had to allocate a significant portion of …

Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins

Faculty Scholarship

By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'⁸ Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, ¹⁹ there remains a strong sense, especially among lawyers and judges, that …

A Multidisciplinary Comparison Of Rules-Driven Writing: Similarities In Legal Writing, Biology Research Articles, And Computer Programming, Karen L. Koch

Journal of Legal Education

No abstract provided.

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"

Secondary Sources: Top Ten, Susan Drisko Zago

Law Faculty Scholarship

Secondary sources are a legal researcher's best friend. They are a great place to begin researching a new topic as they provide a framework for understanding the subject. Not only will a good secondary source provide researchers with a way of approaching the topic, but it will also introduce beginning researchers to the language of the subject. Secondary sources also contain expert analysis, references to primary law such as cases, statutes, and regulations, and will also include such other resources as governmental reports, statistics, and other secondary sources. While secondary sources are an incredibly valuable research tool, they can offer …

Legal Writing: Why Is A Legal Memorandum Like An Onion?-A Student's Guide To Reviewing And Editing, Terry Jean Seligmann

Mercer Law Review

If you are a student working on a legal memorandum, you may think the answer to the question posed by the title of this Article is that they can both make you cry. This Article may help you avoid tears by giving you a way to review your work. The legal memorandum is like an onion because it is a whole made up of many layers. These layers cover each other in levels that can be cross-sectioned and examined in place without losing the sense of the whole. The guidelines offered for that examination follow the priorities of your legal …

All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

I missed the memo that changed noun-verb agreement on nouns formerly defined as singular i.e. "staff," meaning more than one person, as in "the staff are." When did it change from "the staff is"? Who decided on this change, and why wasn't I notified? I'm making light of this issue, but I'm perplexed. PS. Grammar check didn't get the memo either District Judge Marilyn Leonard.

"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp

Faculty Scholarship

This article is based on a presentation that was first assembled for the Southeastern Regional Legal Writing Conference in September 2003. The theme of that conference was "The Basics and Beyond: Building Solid Skills on Flawed Foundations." As legal writing professions with nine years of teaching experience between us, we immediately honed in on "reading" as a core lawyering skill--though it is the one that seemed most flawed in the first-year legal writing class. We determined that case analysis, statute analysis, synthesis, and application were not possible unless students critically read the material with which they were working. Many students …

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Book Chapters

No abstract provided.

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Law Library Faculty Scholarship

Published as a chapter in Prestatehood legal materials: a fifty-state research guide, including New York City and the District of Columbia, edited by Michael G. Chiorazzi and Marguerite Most.

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Sometimes You Have To Be The Guide On The Side, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

A saying in the literature of collaborative learning scolds us teachers for being too fond of the sound of our own voices: “You need to be less of the ‘Sage on the Stage’ and more of the ‘Guide on the Side.’” The night of my “best class” this saying really hit home to me. I was the Guide on the Side, and the students took over the teaching– and the learning.

2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman

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 1, Fall 2005.

English As A Second Language - Or Why Lawyers Can't Write, H P. Southerland

St. Thomas Law Review

For more than thirty years I've spent a lot of time reading bad writing. By bad writing, I mean writing that fails of its essential purpose-so flawed in concept or execution that it can hardly inform, much less persuade. The writing is the sort that lawyers are routinely expected to produce: briefs, judicial opinions, essays dealing with law-related subjects, and the like. What I see, for the most part, is the writing of second- and third-year law students, the vast majority of whom graduate and enter upon a lifetime career as lawyers.' They take with them for tomorrow the writing …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 18, Issue 2, Winter 2005.

You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis

Faculty Scholarship

With increased frequency, attention is being given to the methods and style of teaching the law, and to the educational knowledge of law teachers necessary for their development. While teachers in many other areas of higher education are required to take credit hours in education courses, that requirement or focus on pedagogy itself has not yet fully spilled over to legal education professionals. In addition, although law professions, have been encouraged to think and learn about the law, they generally have long since accepted the Socratic method as a primary method of teaching. Recently information about students' learning styles, and …

Microfiche Checking And Refilming At The University Of Michigan Law Library, Kincaid C. Brown

Law Librarian Scholarship

In an effort to combat this loss of important legal information, UMLL instituted a fiche-checking process where, to the best of our ability, we check the fiche not just for bibliographic accuracy, but also for readability, cut-off text, and omissions. When we discover problems, we ask the publisher to refilm the problematic volumes, offering UMLL paper volumes for the job. The following is the process UMLL has instituted wherein we try to discover and remedy problems with purchased microfiche.

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Office of Thrift Supervision
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Resolution Trust Corporation
• Federal Housing Finance Board
• Federal Home Loan Bank System
• State Regulatory Framework
• Additional Research Sources
• Appendices

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

A list of books received by the Journal.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 17, Issue 3, Spring 2005.

Events

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

The Death Of The Living Will, Carl E. Schneider, Angela Fagerlin

Law Quadrangle (formerly Law Quad Notes)

Enough. The living will has failed, and it is time to say so.

We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs.

More Than The Camel’S Nose: The Sarbanes-Oxley Act As Bad News For Lawyers, Clients, And The Public, Timothy P. Chinaris

Law Faculty Scholarship

Business executives, accountants, lawyers, and the general public have shown great interest in the Sarbanes-Oxley Act ("the Act") that was passed by Congress and signed into law by President George W. Bush in 2002. Designed as securities legislation, the Act reaches into areas of lawyer conduct, and the regulation of that lawyer conduct, that previously were the domain primarily of state supreme courts. Lawyers, law firms, and bar organizations have recognized that the concept of what it means to be an ethical lawyer has been altered by the Act. Related developments spawned by the Act's passage will continue to change …