Legal Writing and Research Commons^™

Bouquets For Jerry Israel, Yale Kamisar

Articles

As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.

The United Nations Convention On Contracts For The International Sale Of Goods: Guide To Research And Literature, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Review Of Hibbitts' Last Writes?, I. Trotter Hardy

Faculty Publications

No abstract provided.

Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson

Publications

Ms. Thompson explores the challenge of teaching law school faculty how to research effectively, especially in light of a unique "faculty culture" and differences in individual learning styles.

Critiquing Law Students’ Writing: What The Students Say Is Effective, Anne Enquist

Faculty Articles

It seemed worthwhile to study the comments legal writing instructors put on students' papers and ask the readers of those comments - the students themselves - which comments were the most useful. This article describes such a study that was conducted by the author using students and faculty at the University of Puget Sound School of Law. The results should be useful to new legal writing faculty who are striving to learn how to critique their students' writing effectively, as well as to experienced legal writing faculty who are interested in whether the conventional wisdom about critiquing is borne out …

The Use Of Journals In Legal Education: A Tool For Reflection, J.P. "Sandy" Ogilvy

Scholarly Articles

This Article demonstrates that the journal is a pedagogical tool worthy of more explicit attention by both clinical law teachers and non-clinical faculty alike. It introduces some of the literature on critical thinking and learning theory that supports the assignment of journals as an important tool in legal education; it provides a starting point for articulating pedagogical goals that can be met through journal assignments; and it alerts the first-time user to the challenges inherent in the use of journals in legal education.

Information Redlining: A List Of Selected Readings, Timothy L. Coggins

Law Faculty Publications

In earlier essays Henry Perritt, Marvin Anderson, Gary Bass and Patrice McDermott discuss the increasing use of computers to access information through the information superhighway, the Internet and online services, the increasing reliance on electronic formats by publishers and the federal government and the continuing debate about "information redlining." They indicate that information redlining is broader than just the availability and effects of technology and enhanced online services on lower income, minority and rural communities. It also deals with what information will be available to these groups. As more and more data comes in digital form and when some information …

Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins

Faculty Scholarship

What common ground can be found between modern feminist legal theory and a century-old essay advocating understanding the law from the perspective of the "bad man"? The question admits of no simple answer. Feminists, including myself, might agree with some irony that "[i]f you want to know the law and nothing else, you must look at it as a bad man" but would add that this is precisely the problem. Of course, Holmes does not use the concept of the bad man in a feminist sense to suggest that the law empowers the bad man at the expense of women. …

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Citation Practices Of The Montana Supreme Court, Fritz Snyder

Faculty Law Review Articles

This article discusses and analyzes the legal authorities that the Montana Supreme Court relies on in its reported opinions. The article should help Montana lawyers know which authorities are particularly important to focus on in their research and to include in their briefs to the Montana Supreme Court. The article examines how the court’s citation practices have changed over time and should assist researchers in other states who are interested in comparative court citation practices. Finally, the article analyzes the actual citation form the Montana Supreme Court uses and offers suggestions to ameliorate any confusion in the court’s current citation …

Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder

Faculty Law Review Articles

The author analyzed all the U.S. Supreme Court cases and all the Tenth Circuit Court of Appeals cases for the calendar year 1995 to see how heavily legislative history was used to interpret statutes. The author begins this article by discussing the different theories of statutory interpretation, noting how legislative history fits into the picture and observing the reliance on dictionaries for interpreting words and phrases. The author also looks to see what use is being made of administrative interpretations of statutes and how that ties in with legislative history. Finally, the author looks at how U.S. Supreme Court justices …

The Convergence Of Analogical And Dialectic Imaginations In Legal Discourse, Linda H. Edwards

Scholarly Works

The dialogue over the role of narrative in the making and interpreting of law and in legal practice is often stalemated by confusion about the complex relationships between narrative and other forms of legal reasoning. Are narrative and rules opposing methods for interpretation and persuasion? Does narrative theory assert that lawyers can win cases by presenting a sympathetic story, without regard for the governing rule of law? If so, it is no wonder that conversations about narrative theory are so difficult.

This article explores the relationship between narrative and other forms of legal interpretation and persuasion. It relies on David …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received from Michigan Law Review.

The Common Comma: Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This column shows how a comma, or the lack of one, can significantly change your meaning. It also addresses several comma issues raised by readers, but not fully resolved by my previous column on commas.

Recent Books, Michigan Law Review

Michigan Law Review

A list of Books Received by Michigan Law Review.

Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris

Law Faculty Scholarship

The past year saw a number of interesting and innovative developments in Florida's professional responsibility jurisprudence. This article reviews significant Florida court decisions, ethics rules, and advisory ethics opinions handed down during the year that are likely to affect Florida lawyers as they attempt to represent their clients zealously while complying with the letter, if not always the spirit, of the Florida Rules of Professional Conduct ("RPC"). Today's lawyer may act in many different capacities, at times assuming the role of advocate, advisor, counselor, fiduciary, intermediary, businessperson, or marketer. The lawyer must adhere to a host of sometimes-overlapping ethical obligations …

The Common Comma: Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The comma is the most frequently used punctuation mark. Unfortunately, the comma is also the most frequently misused mark.

Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann

Faculty Scholarship

The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.¹ A slight scratch on the surface of doctrines as disparate as official …

The Period And Its Pals, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Judges are more likely to rule against you if they cannot understand your points and if your arguments do not seem well-reasoned. In contrast, punctuation errors may be irritating, but they will rarely, if ever, cause you to lose the case.

Legal Assistants In The Computer Age, Oregon Law Institute, Terrie I. Murray, Sandra G. Peterson, Karen Larsen, Bernard F. Stea, Dee Crocker, Peter Mackie, Jeff Van Duzer, Bob Blackstone, Kelly A. Fitzsimmons, Alan Hanawalt, Gregory Miller, Terry Williams, Catherine Teach-Schmitz

Oregon Law Institute, 1995

Course Materials from the June 23, 1995 Program in Portland

A Wise Passiveness, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

"[W]e can feed this mind of ours In a wise passiveness" "Expostulation & Reply" by William Wordsworth As a general rule, our writing can be more forceful and concise if we search for the passive voice and eliminate it. However, the avoid-the-passive rule sometimes is taken to extremes. This article addresses five ways to use the passive voice as a positive communication tool.

A Practical System For Legal Research, G. Nicholas Herman

North Carolina Central Law Review

No abstract provided.

Florida Style Manual (1995 Edition)

Florida State University Law Review

No abstract provided.

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

1.4, Yolanda Jones

E-lert

No abstract provided.

Problems With The Passive Voice, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Some of us recall when our grammar teachers admon- ished against using the passive voice. However, voice is a stylistic choice, not a rule of grammar. This column explains why the active voice generally is preferred. The next column will discuss when the passive voice may be the better choice (to be published in the May issue of The Colorado Lawyer). Once we understand the passive, we can make more informed decisions about its use.

1.3, Yolanda Jones

E-lert

No abstract provided.

1.2, Yolanda Jones

E-lert

No abstract provided.

Proper Words In Proper Places, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Most experts agree that written communication is achieved through a combination of word choice and word placement.' Although, word placement within a sentence has long been recognized as significant, word choice often is considered the predominant vehicle for communication. Some recent commentators, however, contend that reader expectations about word placement play a dominant role in communication. This column addresses how to enhance communication by placing words that you want to emphasize at the end of your sentences.