Legal Writing and Research Commons^™

Imagining The Law, James Boyd White

Book Chapters

My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …

The History Of Statutory Compilations In Pennsylvania, Joel Fishman

Law Faculty Publications

Pennsylvania was the last state in the country to codify its statutes. Mr. Fishman reviews the various editions of unofficial compilations of Pennsylvania laws that have been published from the early eighteenth century to the present. A bibliography is appended.

Catalogue Of Modem Law Books, 1855, Joel Fishman

Law Faculty Publications

In his recent work on A History of American Law Publishing (1990), Professor Erwin Surrency emphasized the need to learn more about how lawyers purchased books in nineteenth-century America, especially since few book catalogs have survived to the present day.¹ A random searching of older periodicals located in my library drew my attention to the "Catalogue of Modem Law-Books," consisting of three parts.

Electronic Legal Research, Access To The Law, And Citation Form For Case Law: Comparison, Contrasts, And Suggestions For Arkansas Practitioners, Lynn Foster

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 6, Issue 1, Fall 1994.

Writing Like A Lawyer, John D. Feerick

Fordham Urban Law Journal

There is a problem of bad legal writing – one that is far more serious than we recognize or are willing to admit. The causes include insufficient education in good writing, carelessness, faulty thinking and reasoning, a failure to appreciate the potential and impact of legal language, an unwillingness to risk new language, and an inability or failure to make the time commitment required for good legal writing. First, at the law school level, legal writing must be given greater emphasis. If our programs are not able to deal with poor command of language, grammar, and syntax, perhaps we must …

Twentieth-Century Virginia Legal Periodicals: A Bibliography And Commentary, William Hamilton Bryson

Law Faculty Publications

Periodicals have played an important role in the Virginia legal community, serving as a medium for scholarly legal commentary and debate, for keeping practitioners abreast of developments in the law, and for providing information on current events and activities in the legal community. Although the fundamental purposes of the legal periodical have remained somewhat constant, the number and circulation of Virginia legal periodicals have expanded greatly and, as a result, so has their role in the Virginia legal community. A chronological examination of legal periodicals in twentieth-century Virginia reveals that the role of the legal periodical has significantly increased from …

Legal Rearch: A Revised View, J. Christopher Rideout, Jill J. Ramsfield

Washington Law Review

When Professor Marjorie Dick Rombauer concluded her landmark article twenty years ago, she expressed a hope that many law schools have yet to realize. While legal research and writing programs exist in all law schools, many still have short-term and short-sighted programs. Many, if not most, law students are not rigorously trained, do not experience sustained individualized instruction, and do not explore problem-solving in an environment that simulates either law practice or rigorous legal scholarship. After their first year, most students fend for themselves in an atmosphere that tests their writing abilities in only two of several potential genres—exams and …

A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman, Marianne Wesson

Publications

No abstract provided.

"Speech Acts" And The First Amendment, Lawrence Friedman

University of Richmond Law Review

Of the 1989 student protests in Beijing's Tiananmen Square, one image lingers still: a lone figure standing motionless before a column of tanks, an extreme act of self-expression in defense of the right to express oneself. The makeshift Statue of Liberty erected by the students occupying the Square pointed to the country providing their inspiration. The foundations of that inspiration may in turn be traced to the handful of words---"Congress shall make no law...abridging the freedom of speech, or the press . . . "--which have become synonymous with American-style democracy.'

Trends In Constitution-Based Litigation In The Federal Courts, Douglas O. Linder

Faculty Works

No abstract provided.

Drug Testing/Use, Sandra S. Klein

Journal Articles

Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.

Employee/Employer, Sandra S. Klein

Journal Articles

The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.

Beyond The Moot Law Review: A Short Story With A Happy Ending, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

When the author began teaching at the Chicago-Kent College of Law in 1982, it was publishing at great expense a law review that few cited, few professors would write for, and few, if anyone, read. For this reason, he dubbed it a "moot law review" in that students were working hard to produce a publication that mimicked "real" law reviews-that is, law reviews that contribute to intellectual discourse and the body of legal knowledge.

The fact that you are reading this page (and others in this issue) is evidence that the Chicago-Kent Law Review is no longer a moot law …

Book Review Of Bieber's Dictionary Of Legal Citations, James S. Heller

Library Staff Publications

No abstract provided.

Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield

Faculty Articles

This article begins with the premise that most law students will become professional writers: that is, they will make their living from writing, whether in practice or academia. As such, they should be confident and comfortable with legal discourse and composition in practical, social, and intellectual contexts. That confidence must be based on good training throughout their law school careers, and that training must look beyond legal writing problems to solutions. To suggest solutions to legal writing problems, this article examines traditional definitions of legal writing, definitions that may themselves be impeding progress toward more effective training. It then offers …

Tip Jars At The Law Library Reference Desk, Kelly Kunsch

Faculty Articles

Kelly Kunsch humorously argues for law reference librarians' right to accept tips for their service to the law school community.

The Right To Die As An Issue Of Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

The issue of whether or not an individual has the right to choose when he or she will die, is a very controversial one for many reasons. Further complicating the issue is the question of who, if anyone, has the right to decide for those who are unable to choose for themselves. The bibliography which follows includes articles which discuss this topic from a right to privacy perspective, and should prove useful to those researchers who are new to the subject, as well as to those who are already familiar with the many complex issues involved.

Sexual Freedom And Your Right To Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

Like so many other privacy issues, concern over sexual freedom took on more than intellectual overtones with the advent of greater public discussion. As courts and government appeared to enter the most private domain of all, the bedroom, the public's interest in privacy issues dealing with sexual freedom increased dramatically. This bibliography should serve as a valuable tool for researchers who have an interest in this highly controversial area of social concern.

Your Right To Privacy And Children's Rights/Family Law: A Selective Bibliography, Sandra S. Klein

Journal Articles

In a society increasingly aware of real or perceived social inequities, it is not surprising to note a greater concern for the rights of children and their families. It is also apparent that privacy issues are an integral subset of the larger social sphere of interests. Privacy aspects can be seen to be involved pervasively throughout the area of law dealing with children and families, especially in view of the fact that there is obvious potential for conflict not only between families and the state, but between children and the families of which they are a part

Abortion/Reproductive Rights, Sandra S. Klein

Journal Articles

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.

Sensible Application Of Stare Decisis Or A Rewriting Of The Constitution: An Examination Of Helling V. Mckinney, Jeffrey S. Kinsler

Law Faculty Scholarship

In Helling v. McKinney, the Supreme Court held that compelled exposure to environmental tobacco smoke ("ETS") may constitute cruel and unusual punishment in violation of the Eighth Amendment. Section I of this article explores the medical evidence linking ETS to lung cancer, heart disease and certain other health risks in nonsmokers. Section II examines the history of the Eighth Amendment's ban on cruel and unusual punishment, particularly as it relates to dangerous or unhealthy prison conditions. Section III analyzes the decision in Helling v. McKinney. Section IV questions whether a judicial ban on smoking would itself constitute cruel and unusual …

Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler

Law Faculty Scholarship

Motor freight brokers are the connecting link between shippers and carriers, uniting shippers who have cargo to deliver with carriers who have available motor transportation. Acting as traffic managers for shippers and sales agents for carriers, brokers arrange thousands of transactions each day, many of which either start or end up in the international stream of commerce. If used effectively, brokers can lower the transportation costs of domestic and international shippers and increase the revenue of carriers, which ultimately will stimulate interstate and overseas trade. International shippers must often rely on freight brokers to arrange motor transportation for their freight …

Legal Classics: After Deconstructing The Legal Canon, Francis J. Mootz Iii

Scholarly Works

The debate over the canon has gripped the University in recent years. Defenders of the canon argue that canonical texts embody timeless and universal themes, but critics argue that the process of canonization subordinates certain people and viewpoints within society in order to assert the existence of a univocal tradition. Originating primarily in the field of literary criticism, the canon debate recently has emerged in legal theory.

Professor Francis J. Mootz argues that the issues raised by the canon debate are relevant to legal scholarship, teaching and practice. After reviewing the extensive commentary on the literary canon, Professor Mootz criticizes …

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

New York State Constitutional Decisions: 1993 Compilation

Touro Law Review

No abstract provided.

Power Verbs, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

To make your writing more vivid and efficient, focus attention on your verbs. For those who were not taught the parts of speech in school, the “subject is that part of a sentence about which something is being said,” and the verb “says something about what the subject is [a state of being] or is doing [an action].”