Legal Writing and Research Commons^™

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …

Table Of Contents

Touro Law Review

No abstract provided.

1.1, Yolanda Jones

E-lert

No abstract provided.

Gratifying Rules Of Grammar, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

No abstract: rules of grammar in list form

1.0 Librarian's Supplement, Yolanda Jones

E-lert

No abstract provided.

1.0, Yolanda Jones

E-lert

No abstract provided.

Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau

University of Michigan Journal of Law Reform

In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …

A Thousand Probabilities, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The July Scrivener column addressed the use of intensifiers, words such as “very” and “really” that are used to amplify a concept. This month’s column addresses words at the other end of the spectrum—qualifiers, such as “probably” and “possibly,” that are used to limit a point.

Teaching Assistants: Study Of Their Use In Law School Research And Writing Programs, Julie M. Cheslik

Faculty Works

No abstract provided.

The Lady Doth Protest Too Much, Methinks!, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

When we speak face-to-face with someone, we communicate on several different levels. Our face and body can communicate a different message from that of our voice. Thus the body language of a tight jaw and stiffly crossed arms belies a statement that one is relaxed. Similarly, voice inflection can conflict with spoken words. The impact of such incongruity mayb e intended irony or jest, or the impact may be confusion.

A False Economy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Pause before you next decide to save some space in your brief or contract by defining a term with an acronym. Certainly, if you use only the initial letters of words, whole phrases can be distilled into one new word. Yet acronyms should be used sparingly in legal writing because this economy of ink is rarely an economy of thought.

Cease And Desist, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

One characteristic of legal writing, parodied in the caricature above, is the use of multiple words when one word might suffice. This column first explores how the practice of pairing synonyms or stringing together alternatives originated. Next, it tells when to cut back on such repetition.

Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel

Federal Communications Law Journal

No abstract provided.

Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

An important—but sometimes annoying—component of legal writing is citation to controlling authority. Through citation, we should provide our readers with recognizable and accurate references to the sources that form the basis of our legal analyses. The fundamental sources of controlling Colorado law are the Colorado statutes, session laws, rules of procedure, jury instructions and cases. Although The Bluebook forms for these sources are recognizable, they are rarely used in the Colorado courts.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Collapse Of The Structure Of The Legal Research Universe: The Imperative Of Digital Information, Robert C. Berring

Washington Law Review

Legal research, in particular the way in which law schools provide legal research training to first-year law students, is the mom and apple pie issue of legal education. Everyone is willing to criticize the lack of it, praise the importance of it, or discuss the reasons it has not been done so well. After all, the whole corpus of legal education is constructed around Dean Langdell's theory that the law library, the place where the law student conducts research, is the laboratory of the law, and the process of legal research has been intertwined with the process of legal reasoning …

Book Review: Essential Legal Skills: Legal Research, 27 J. Marshall L. Rev. 949 (1994), Mark E. Wojcik

UIC Law Review

No abstract provided.

Computer-Assisted Legal Research, Peggy Roebuck Jarrett, Mary Whisner, Penny Hazelton

Chapters in Books

No abstract provided.

The Process Of Legal Research, Penny Hazelton

Chapters in Books

No abstract provided.

Lex, Lies, And Audiotape, David R. Fine

West Virginia Law Review

No abstract provided.

Recalibrating The Balance: Reflections On Welfare Reform, Jeffrey Lehman, Sheldon Danziger

Law Quadrangle (formerly Law Quad Notes)

During the 1992 presidential campaign, Candidate Clinton promised, in Putting People First, "to make work pay" and to "end welfare as we know it":

"It's time to honor and reward people who work hard and play by the rules. That means ending welfare as we know it not by punishing the poor or preaching to them, but by empowering Americans to take care of their children and improve their lives. No one who works full-time and has children at home should be poor anymore. No one who can work should beable to stay on welfare forever."

Prosecutors' Peremptory Challenges - A Response And Reply, Lynn A. Helland, Sheldon N. Light, William J. Richards

Law Quadrangle (formerly Law Quad Notes)

Three federal trial attorneys disagree with Professor Richard Friedman's proposal to eliminate the prosecution's peremptories, while Friedman defends his view.

Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon

Articles

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …

Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams

Faculty Publications

Law teachers increasingly recognize that practical skills training deserves a place in traditional courses throughout the curriculum.' The literature regularly reports proposals to integrate practical skills components into both first-year and upperclass courses. The array of skills includes mediation, negotiation, interviewing and counseling, writing and drafting, case management, and advocacy

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.