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Full-Text Articles in Legal Writing and Research

Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain Jul 1999

Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

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An Empirical Evaluation Of Specialized Law Reviews, Chris Guthrie, Tracey E. George Jul 1999

An Empirical Evaluation Of Specialized Law Reviews, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in the second half of the twentieth century. As a consequence, there is a dearth of information about the proliferation, significance, and status of specialized reviews. In this Article, we attempt to fill this information gap by documenting the rise of the specialized review and by providing an empirical ranking of the top 100 specialized reviews.

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An Empirical Evaluation Of Specialized Law Reviews, Tracey E. George, Chris Guthrie Jul 1999

An Empirical Evaluation Of Specialized Law Reviews, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in the second half of the twentieth century. As a consequence, there is a dearth of information about the proliferation, significance, and status of specialized reviews. In this Article, we attempt to fill this information gap by documenting the rise of the specialized review and by providing an empirical ranking of the top 100 specialized reviews.

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Recent Books, Michigan Law Review Jun 1999

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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Further Saith Naught, K.K. Duvivier May 1999

Further Saith Naught, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Among professions, the law is one most bound by tradition. Not only does the law look back in time for substantive precedents, it also borrows heavily from the language of the past. Do words like "notwithstanding" and "herein" creep their way unnoticed into your legal documents? Do your affidavits contain an "ss" at the top and use alliterative wording such as "subscribed, sworn, and sealed"? These antiquated expressions are not used in standard Modem English, and before you entered law school, they probably were familiar only if you read Old or Middle English literature. To help determine which are expendable, …

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Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain May 1999

Digital Legal Information: Ensuring Access To The "Official" Word Of The Law, Claire M. Germain

Cornell Law Faculty Working Papers

In the United States today, digital versions of current decisions, bills, statutes, and regulations issued by federal and state entities are widely available on publicly accessible Internet Web sites. Worldwide, official legal information issued by international organizations and foreign governments is also becoming available on the Web. However, there are currently no standards for the production and authentication of digital documents. Moreover, the information is sometimes available only for a short time and then disappears from the site. Most of that digital information provides only a right of access, and no ownership, or control over the data, unless it is …

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Atticus Finch, In Context, Randolph N. Stone May 1999

Atticus Finch, In Context, Randolph N. Stone

Michigan Law Review

One summer night in 1955, Emmett Till, a fourteen-year-old Chicago boy visiting relatives in Mississippi, was abducted by two white men, beaten, and shot; his body was tied to a fan from a cotton gin and thrown in a river. Emmett's "crime": being black and allegedly whistling at a white woman. Through the early 1970s, hundreds of black men had been "legally" executed after being convicted, usually by all white juries or white judges, of sexually assaulting white women; hundreds more were lynched and otherwise extrajudicially executed. This is the historical context of white supremacy essentially ignored by Professor Lubet …

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Reply To Comments On Reconstructing Atticus Finch, Steven Lubet May 1999

Reply To Comments On Reconstructing Atticus Finch, Steven Lubet

Michigan Law Review

Reconstructing Atticus Finch was intended to be provocative, so I am not surprised at the strength of the responses. Neither should I be surprised by the continuing reverence engendered by the fictional Atticus Finch; as I pointed out in my original essay, he is our moral archetype. Indeed, it was the accepted nobility of the character that made my question worth asking in the first place. What if Mayella had been attacked by Tom Robinson? Would Atticus still be a hero? To ask that question about a lesser figure would inevitably invite stock responses. Champions of the adversary system would …

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Foreword, Jeffrey Rosen May 1999

Foreword, Jeffrey Rosen

Michigan Law Review

America now is a society addicted to legalism that has lost its faith in legal argument. The impeachment of Bill Clinton was only the most visible manifestation of this paradox. Both Democrats and Republicans professed a rhetorical commitment to the rule of law while revealing a deep pessimism about the ability of courts, legislatures, or even citizens to transcend their biases and to converge, through deliberation, on impartial and democratically acceptable outcomes. The simplistic Supreme Court decisions that precipitated the impeachment - in particular, Morrison v. Olson,1 upholding the Independent Counsel law, and Jones v. Clinton,2 denying the President temporary …

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Reconstructing Atticus Finch, Steven Lubet May 1999

Reconstructing Atticus Finch, Steven Lubet

Michigan Law Review

Atticus Finch. No real-life lawyer has done more for the self-image or public perception of the legal profession than the hero of Harper Lee's novel, To Kill a Mockingbird. For nearly four decades, the name of Atticus Finch has been invoked to defend and inspire lawyers, to rebut lawyer jokes, and to justify (and fine-tune) the adversary system. Lawyers are greedy. What about Atticus Finch? Lawyers only serve the rich. Not Atticus Finch. Professionalism is a lost ideal. Remember Atticus Finch. In the unreconstructed Maycomb, Alabama of the 1930s, Atticus was willing to risk his social standing, professional reputation, and …

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Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse May 1999

Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse

Michigan Law Review

In one of her childishly obtuse moments, Scout, the narrator of Harper Lee's To Kill a Mockingbird, denies that her father Atticus Finch is any sort of proper example of how a lawyer ought to act when cross-examining a witness. The prosecutor's crossexamination of the accused Tom Robinson has moved her friend Dill to tears: "I couldn't stand . . . [t]hat old Mr. Gilmer doin' him thataway, talking so hateful to him _" Scout, who has taken her friend out of the courtroom, explains: "Dill, that's his job . . . . He's supposed to act that way." Atticus, …

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Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson May 1999

Comment On Steven Lubet, Reconstructing Atticus Finch, Rob Atkinson

Michigan Law Review

Professor Lubet has joined a growing list of revisionists who question Atticus's standing as the paragon of lawyerly virtue.1 But Professor Lubet takes revisionism in a distinctly postmodern direction, if not to a radically new level. Atticus's previous critics have wondered how he could have overlooked, perhaps even condoned, the pervasive racism, sexism, and classism of the Depression-era South. They have even occasionally censured his paternalism toward his pro bono client, the working-class black rape defendant Tom Robinson. But they have never questioned either Tom's claim of innocence or the propriety of Atticus's advocacy of that claim. Professor Lubet questions …

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Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell May 1999

Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell

Michigan Law Review

Professor Steven Lubet's review examines in the lawyering context the truth of Due de La Rochefoucauld's observation that "[o]ur virtues are mostly but vices in disguise." His question - one going to the very heart of what lawyering is about - asks readers of To Kill a Mockingbird whether they would be equally prepared to accept the fictional Atticus Fmch as the personification of the good lawyer if his black client, defendant Tom Robinson, actually committed the rape of the white woman, Mayella Ewell, for which he was charged. If Robinson was a rapist, how then does one square Atticus's …

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Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon May 1999

Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon

Michigan Law Review

Atticus Finch's conduct would have been justified by the bar's conventional norms even if he had known Tom Robinson to be guilty. That fact, however, is not the source of the admiration for him that To Kill a Mockingbird has induced in so many readers. That admiration depends on the clear premise of the novel that Finch plausibly believes that Tom Robinson is innocent. Thus, the bar's invocation of Finch as a sympathetic illustration of its norms is misleading. The ethics of the novel are quite different from those of the bar. Steven Lubet does a good job of showing …

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Rights And Wrongs, John C.P. Goldberg May 1999

Rights And Wrongs, John C.P. Goldberg

Michigan Law Review

If one were to ask an American lawyer or legal scholar for a definition of liberalism, her explanation would likely include mention of constitutional provisions such as the First and Fourth Amendments. This is because liberalism is today understood primarily as a theory of what government officials may not do to citizens. Its most immediate expression in law is thus taken to be those parts of the Bill of Rights that set limits on state action. This tendency to conceive of liberalism exclusively as a theory of rights against government is a twentieth century phenomenon. To be sure, liberalism has …

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Common Words With Uncommon Meanings, K.K. Duvivier Mar 1999

Common Words With Uncommon Meanings, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

When President Clinton parsed words in his testimony, the response was contempt and disdain. The impeachment trial hinged on the assumption that Clinton's intent in interpreting common words with a narrow or special meaning was deceitful. We lawyers cannot speak to Clinton's intent, and we wince at the bad publicity he is giving to the profession. However, most of us would have to admit that Clinton's use of common words with special meanings is not only acceptable, but commonplace in the law

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Recent Books, Michigan Law Review Mar 1999

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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Recent Books, Michigan Law Review Feb 1999

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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The Blackletter Law Of Form, K.K. Duvivier Jan 1999

The Blackletter Law Of Form, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Substance, rather than form, should be the first concern of any lawyer drafting a brief. However, just as writing style can have an impact on the image we project, so can the overall impression we make be significantly impacted by the format of our brief.

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Front Matter Jan 1999

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 11, Issue 2, Spring 1999.

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Bibliography Of Principal Publications By Professor John H. Jackson As Of February 1999, Michigan Journal Of International Law Jan 1999

Bibliography Of Principal Publications By Professor John H. Jackson As Of February 1999, Michigan Journal Of International Law

Michigan Journal of International Law

A bibliography.

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1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor Jan 1999

1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …

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1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller Jan 1999

1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach Jan 1999

1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin Jan 1999

The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin

UIC John Marshall Journal of Information Technology & Privacy Law

This bibliography is an annotated list of sources, including books, official documents, and web sites, that discuss the national and international issues surrounding electronic commerce and digital signatures. The sources are quite diverse and offer a wide range of research opportunities, which may save you untold research time by helping to narrow your search. For your convenience, the sources have been organized into several topic categories: Electronic Commerce (In general) Digital Signatures Certification Authorities Infrastructure Models and Authentication Techniques Uniform Commercial Code/ Statute of Frauds and Evidentiary Issues Encryption, Cryptography and Security Issues Foreign and International Aspects. Note that all …

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1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope Jan 1999

1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope

UIC John Marshall Journal of Information Technology & Privacy Law

Every year The Center for Information Technology and Privacy Law of the John Marshall Law School hosts a moot court competition. This year's topic dealt with Internet hacking and subsequent harassment from personal information displayed on the web. The respondent, an Internet company that specializes in displaying pages from hacked websites, published a hacked page that contained personal information about the petitioner. The personal information included his social security number, home telephone number, and home address. Petitioner claimed invasion of privacy. The decision, from which the petitioner appeals, granted summary judgment in favor of the respondent. The issues presented in …

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1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt Jan 1999

1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard Jan 1999

1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Front Matter Jan 1999

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 12, Issue 1, Fall 1999.

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Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds Jan 1999

Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds

Journal Articles

In this article, Dean Ed Edmonds describes his relationship with two people who mentored him in his career as a legal librarian.

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