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Full-Text Articles in Legal Writing and Research

The Craft Of Legal Writing, Julie M. Cheslik, Wanda M. Temm Oct 1993

The Craft Of Legal Writing, Julie M. Cheslik, Wanda M. Temm

Faculty Works

No abstract provided.

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Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter Oct 1993

Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter

Dalhousie Law Journal

Readers of court judgments will have observed that in the course of expressing reasons for the decisions they reach, judges commonly refer to books and articles written by academics. This is not surprising. Many scholarly publications contain information, arguments and opinions pertinent to the choices that judges must make, and lawyers commonly refer to such works in the written and oral arguments they present to courts. We would therefore expect the judges who must assess and respond to such arguments to make mention of that scholarly material. Moreover a certain portion of academic writing-in particular, a preponderance of law review …

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Eleonora V. Eckert, Kent D. Syverud, Gregory P. Magarian, Christina B. Whitman, Rodney D. Martin Oct 1993

Eleonora V. Eckert, Kent D. Syverud, Gregory P. Magarian, Christina B. Whitman, Rodney D. Martin

Michigan Law Review

Tributes to Eleonora V. Eckert

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Quotations Part Ii: Block Quotes, K.K. Duvivier Sep 1993

Quotations Part Ii: Block Quotes, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The previous column addressed the tendency of legal readers to skip or skim long quotations. To be sure impatient readers do not miss critical points, legal writers can reduce quotations to key words and incorporate those few words into the analysis. Sometimes blocked or indented quotations are helpful.

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Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse Aug 1993

Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse

Michigan Law Review

I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my …

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The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest Aug 1993

The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest

Michigan Law Review

This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue, …

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Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson Aug 1993

Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson

Michigan Law Review

I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.

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Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon Aug 1993

Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon

Michigan Law Review

The Judge seems to be arguing that both teachers and firm lawyers have been seduced from their real vocation by the fatal attraction of neighboring cultures: the practitioners by the commercial culture of their business clients, the academics by the disciplinary paradigms and prestige of theory in the rest of the university. The "deserted middle ground" is the ground of professional practice - practical, yet also public-minded. Perhaps without straining his thesis too far we could ascribe to Judge Edwards a "republican" view of the legal profession, in which legal scholars, practitioners, judges, legislators, and administrators - despite their separate …

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Quotations Part I: Fundamentals, K.K. Duvivier Jul 1993

Quotations Part I: Fundamentals, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Legal writing relies heavily on the words of others. The impulse to repeat verbatim the words of applicable authorities is often compelling. While an authority may be integral to your discussion, quoting lengthy passages actually may interfere with your message. This column addresses quotation fundamentals—when and how much to quote.

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Letters From Readers, K.K. Duvivier May 1993

Letters From Readers, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This month’s column features remarks from readers concerning previous columns.

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Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy Apr 1993

Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy

Faculty Publications

Professor Hardy describes techniques that help to automate the creation of Lexpert, an expert system for giving advice about legislative history research.

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Misguided Metaphors, K.K. Duvivier Mar 1993

Misguided Metaphors, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Figures of speech, such as the metaphor of the season of spring that President Clinton used in his Inaugural Address, are commonplace in rehtoric. Similarly, such figures have their place in legal writing. Through judicious use of a metaphor, you can provide your readers with a pleasant interlude to the more mundane aspects of. your argument and transform an abstract concept into a powerful visual image.

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The Scholar's Workstation Now A Reality! Enhancing Faculty Information Access And Delivery, Claire M. Germain Mar 1993

The Scholar's Workstation Now A Reality! Enhancing Faculty Information Access And Delivery, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

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Academic Freedom And Political Neutrality In Law Schools: An Essay On Structure And Ideology In Professional Education, J. Peter Byrne Jan 1993

Academic Freedom And Political Neutrality In Law Schools: An Essay On Structure And Ideology In Professional Education, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

My topic for this essay is the role of institutional political neutrality in fostering a vital academic freedom within a law school. It is necessary to explain what this inquiry embraces and why it is a useful entry into our concerns. Traditionally, the political neutrality of the university has been seen as the foundation for the academic freedom of the professoriate. But the media today vibrate with complaints about "political correctness" in legal education, meaning an administrative sponsorship of certain social ideals in a manner that restricts criticism or debate.1 Also, political contention over the shape of legal education has …

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Road Maps, K.K. Duvivier Jan 1993

Road Maps, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

When you write, do your readers know your ultimate destination and how you will get there? Help them trek through your analysis by providing a road map.

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Of Legislative Histories And Librarians, Stephen G. Margeton Jan 1993

Of Legislative Histories And Librarians, Stephen G. Margeton

Scholarly Articles

Professor Margeton outlines the history of federal legislative history research, tracing the achievements of Washington, D.C., area law librarians and the Law Librarians' Society of the District of Columbia in compiling legislative histories, creating cooperative programs, and improving access to congressional materials.

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"Skilling" Time, Peter B. Knapp Jan 1993

"Skilling" Time, Peter B. Knapp

Faculty Scholarship

This article describes disagreements about the "MacCrate Report" on skills education for law students, as well as the connections between the Report's recommendations and legal education at William Mitchell College of Law. The final commentary focuses on what William Mitchell can do to further ensure that teaching prepares students for the learning they will have to do when they begin working as lawyers.

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Why Do Jury Research?, Richard O. Lempert Jan 1993

Why Do Jury Research?, Richard O. Lempert

Book Chapters

Inside the Juror presents the most interesting and sophisticated work to date on juror decision making from several traditions - social psychology, behavioural decision theory, cognitive psychology, and behavioural modeling. The authors grapple with crucial questions, such as: why do jurors who hear the same evidence and arguments in the courtroom enter the jury room with disagreements about the proper verdict? how do biases and prejudices affect jurors' decisions? and just how 'rational' is the typical juror? As an introduction to the scientific study of juror decision making in criminal trials, Inside the Juror provides a comprehensive and understandable summary …

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Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel Jan 1993

Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel

Articles

Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.

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Remarks: Annual Banquet Of The University Of Pennsylvania Law Review, Roger J. Miner '56 Jan 1993

Remarks: Annual Banquet Of The University Of Pennsylvania Law Review, Roger J. Miner '56

Law Review Addresses

No abstract provided.

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Books Received, Michigan Journal Of International Law Jan 1993

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.

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Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth Jan 1993

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …

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Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins Jan 1993

Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins

Law Faculty Scholarship

No abstract provided.

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Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas Jan 1993

Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas

Journal Articles

Mr. Thomas explains the issues involved in cataloging reform and suggest methods for streamlining procedures without destroying quality, with particular reference to academic law libraries.

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Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein Jan 1993

Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra S. Klein

Journal Articles

The AIDS (Acquired Immune Deficiency Syndrome) virus has had a profound impact upon the lives of people everywhere. One aspect of this impact can be seen in the invasion into areas that had hitherto been believed by most to be private: sexual activity/preferences, medical records/testing, etc. An intensely personal and private tragedy has become, because of its nature~ a matter of public concern. The bibliography which follows addresses the privacy concerns of those infected with the AIDS virus.

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Against The Tyranny Of Paraphrase: Talking Back To Texts, Elizabeth Fajans, Mary R. Falk Jan 1993

Against The Tyranny Of Paraphrase: Talking Back To Texts, Elizabeth Fajans, Mary R. Falk

Faculty Scholarship

No abstract provided.

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That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.

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Computer-Assisted Legal Research: The Basics, Penny Hazelton Jan 1993

Computer-Assisted Legal Research: The Basics, Penny Hazelton

Books

No abstract provided.

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Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann Jan 1993

Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann

Faculty Scholarship

The impact of administrative law scholarship on administrative law seems at first blush both a relatively straightforward issue and one that academicians should be especially eager to engage. But there is reason to doubt both propositions. First, any effort to grapple with this topic compels the conclusion that the issue is by no means straightforward. As Peter Strauss recently observed, the question of the influence of administrative law scholarship necessarily becomes as well the influence of active engagement in the practice of administrative law on scholarship.' Moreover, the questions implicated in this assessment cannot be narrowly compassed. The topic requires …

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The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary Jan 1993

The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary

Articles

Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.

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