Legal Writing and Research Commons^™

Feminist Law Journals And The Rankings Conundrum, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

A Reply--The Missing Portion, Pierre Schlag

Publications

No abstract provided.

In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr

William Mitchell Law Review

[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury

UF Law Faculty Publications

In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship, law …

From Journal To Review: Ualr's Student Legal Publication Comes Of Age, 1998-99, Patrick W. Mcalpine

University of Arkansas at Little Rock Law Review

No abstract provided.

Obscure But Interesting: Remembering Volume 1, Number 2, Vic Fleming

University of Arkansas at Little Rock Law Review

No abstract provided.

To Join Or Not To Join - A Law Review Reflection, Donna Galchus

University of Arkansas at Little Rock Law Review

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 15, Issue 4, Summer 2003.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 16, Issue 2, Winter 2003.

Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain

UF Law Faculty Publications

In France, Justice Jackson's question about where to look for the meaning of a statute would be phrased in broader terms and would not be limited to the question of whether to look only at the words of a statute or also at the legislative intent. French law starts from the premise that statutes and codes are the foundations of the legal system in the same way that cases are the foundation of the common-law system. Because of the primacy of written law in France, statutory interpretation lies at the heart of French law. Statutory interpretation is very flexible, and …

How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck

Law Faculty Publications

In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Publications

No abstract provided.

The Transition To Legal Analysis Begins With Orientation, Myra G. Orlen

Faculty Scholarship

The Author discusses the progression from simple to more complex assignments in the Legal Research and Writing curriculum at Western New England College School of Law.

The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg

Publications

Connecting users to the best available sources of legal information is one of the traditional functions of the law library. These sources now include Web sites, electronic journals, and subscription databases. This article explores the best way to bring these useful Internet resources to the attention of users, concentrating on the pros and cons of using the catalog or the home page.

These Are A Few Of My Favorite Books, Mary Whisner

Librarians' Articles

Prompted by a beginner's wish to hear more about outstanding reference tools, Ms. Whisner describes three of her favorites: Statistical Abstract of the United States, International Lawyer's Deskbook, and West's Analysis of American Law.

Re: Memos, Mary Whisner

Librarians' Articles

Reflecting on the written memo librarians frequently use to transmit research results, Ms. Whisner offers her thoughts on its purposes, style, and format. She also contributes an annotated checklist of tips for writing such memos.

Researching Outside The Box, Mary Whisner

Librarians' Articles

Ms. Whisner demonstrates that many law-related projects require law students and lawyers to use skills that are outside the core legal research skills which they learn early in law school. She argues that law librarians need to be familiar with the skills and sources of disciplines other than the law and be prepared to guide-or push if necessary-patrons outside the box when appropriate.

Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg

Librarians' Articles

This research guide identifies and describes 163 books, periodicals, reference tools, databases, electronic discussion groups, organizations, and U.S. government agencies useful to the elder law practitioner and the legal researcher. Appendices include a state-by-state list of state aging agencies, bar association committees and sections, law school courses and clinics, and publications; acronyms; and subject headings and a index terms used in library catalogs, periodical indexes, and related sources.

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

NYLS Law Review

No abstract provided.

Attributions Of Responsibility For Accidents Involving Personal Injury: Application Of Hart's (1968) 'Senses Of Responsibility' Model, Henry F. Kwiatowski

Theses : Honours

The aim of this study was to use Hart's (1968) 'Senses of Responsibility' model as a theoretical framework to examine the effects of three non dispositional characteristics of an accident involving personal injury. An experimental approach based on a 2 Agent type (corporation v individual) x 2 Outcome severity (mild, severe) x 2 Victim type (primary, secondary) between subjects factorial design was adopted. The study interviewed 160 participants randomly selected at five public recreational centres. 'Three 2 x 2 x 2 ANOVA's, were conducted on the three attribution ratings to determine the influence of the three independent variables. The study …

A Complete Research Guide To The Laws Of The People's Republic Of China (Prc), Wei Luo, Joan Liu

Scholarship@WashULaw

A guide to the legal systems and laws of the PRC (based on civil law) and of the Hong Kong (based on English common law) and Macao (based on Portuguese law) Special Administrative Regions. Taiwan, with its own legal system, is not included. The guide lists English and Chinese print and nonprint resources, arranged by topic, language, and format.

The Right To Receive Information, Susan Nevelow Mart

Publications

Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.

Taxation Without Explanation: The Federal Gift Tax, Jeffrey S. Kinsler

Law Faculty Scholarship

The Federal Gift Tax is designed to implement two competing policies: to tax gifts so as to prevent taxpayers from depleting their estates (and thus evading the estate tax) with tax-free lifetime transfers; but to tax gifts at a rate lower than testamentary transfers so as to encourage taxpayers to circulate wealth during life, thereby stimulating economic growth and income tax revenue. The gift tax has always been carefully crafted to balance these competing interests. That is, until now. The Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") completely perverted these two policies.' EGTRRA was sold to the …

Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler

Law Faculty Scholarship

For all practical purposes, the Constitution prescribes only one limit on the federal government's power to tax: the Uniformity Clause, which requires that indirect taxes, such as income and excise taxes, be "uniform throughout the United States ... " It is exceedingly rare for a federal tax law to violate the Uniformity Clause. The Internal Revenue Code does not fix different taxes for different states, as Congress has carefully crafted the tax laws to avoid geographical distinctions. Unfortunately, the Internal Revenue Service ("IRS") has not always been so careful. In recent years, the IRS has adopted a practice of applying …

Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy

Faculty Scholarship

This article summarizes the findings of the 2002 survey and highlights significant changes and trends in the operation of legal research and writing programs across the country.

Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Interdisciplinary Collaboration With Jake, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Jake and I were professional colleagues and friends for more than twenty years, but it was in the last fifteen years that we worked closely together, bridging the supposed divide between political science and international law. Sometimes we worked together in the American Society of International Law, other times in the Social Science Research Council (SSRC), or in the Human Dimensions of Global Change program. Most often, we worked together as scholars in interdisciplinary research.

Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

At the inception of their careers, most lawyers have little or no background in classical rhetoric. Many law students enter law school thinking that they will receive formal training in either logic or rhetoric, but very few law schools even teach classes in these subjects. In the absence of any formal training, most lawyers learn to write persuasively by imitating “good” legal writing. The consequence for the legal profession is an abundance of legal writing that is not grounded conceptually in the rhetorical tradition from which it is derived. The principal problem with legal writing is not that lawyers cannot …

Exam Writing As Legal Writing: Teaching And Critiquing Law School Examination Discourse, Adam Todd

School of Law Faculty Publications

This article adds to the growing body of scholarship on legal writing and its role in the legal academy. It addresses an area of legal discourse that is of importance to law students, the legal academy and the bar admissions process, yet has been neglected in legal scholarship. The article is a call for legal writing faculty members and other legal writing specialists to become more involved in the process of teaching about and critiquing the discourse involved in traditional end-of-semester doctrinal law school exams. This article suggests how law school legal writing programs, by deliberately teaching about exam writing, …

An Appreciation Of Jonathan I. Charney, Lori F. Damrosch

Vanderbilt Journal of Transnational Law

Jon Charney preceded me into the academic world by a dozen years and already had a well-established reputation in international law when I was a brand-new law teacher. At the time we met in 1984, Jon was tackling some of the most ambitious topics in the theory and practice of international law, and he reached out to others for collegial engagement on those subjects. From the mid-1980s, he and I worked together on three collaborative books and on many projects for the American Society of International Law and the American Journal of International Law.

Among the themes that preoccupied Jon …