Legal Writing and Research Commons^™

Public Law Litigation And Legal Scholarship, Richard L. Marcus

University of Michigan Journal of Law Reform

It is hard to turn around nowadays without hearing about the malaise in legal scholarship. For example, Richard Posner, a former president of the Harvard Law Review, announced in that periodical's centenary issue that the Review "may have reached the peak of its influence-may, indeed, have started its journey down the mountain." If even the august Harvard Law Review is sliding, one does sense an ancien regime aroma of decay. But Posner's main message was that scholarship has become more diverse, and that the hegemony of traditional doctrinal analysis has been broken. More generally, the malaise is attributed to …

A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review

Michigan Law Review

A Bibliography of the Works of William W. Bishop, Jr.

Derek Bok And The Merger Of Law And Economics, Herbert Hovenkamp

University of Michigan Journal of Law Reform

Both the novelty and the uniqueness of the "law and economics" movement of the last fifteen years have been greatly exaggerated. Law and economics has been with us for at least a half century, in nearly every area of private and public law. The most outspoken protagonists of law and economics admit that economics had a presence in antitrust and regulatory policy long before the work of Ronald Coase, Lester Telser, and others inspired its expanded use in areas of private law, such as tort and contract. But even then, some of those who would make such an admission would …

Law Review Articles That Backfire, Gerald L. Neuman

University of Michigan Journal of Law Reform

Other articles in this Symposium have chronicled the real-world triumphs of legal scholarship. I have sadder tales to tell. I would like to discuss law review articles that have had an apparent influence on the course of legal development, but not in the manner that the author intended.

Many of the readers of this Symposium may have their favorite examples of this phenomenon. Such misfortunes can befall anyone; both of the instances I will describe involve a highly respected constitutional scholar, Professor Henry Paul Monaghan of Columbia Law School. They illustrate two mechanisms by which good scholarship can lead …

The Anatomy Of A Leading Case: Lawrence V. Fox In The Courts, The Casebooks, And The Commentaries, M. H. Hoeflich, E. Perelmuter

University of Michigan Journal of Law Reform

In spite of the wide diversity of training, practice, and location of lawyers throughout the United States, virtually all share one experience: the standard core curriculum of the first year of law school taught by the case method. The extent to which that experience in parsing cases in contracts, torts, and property shapes the American legal mentality is open to debate, but it undeniably has an impact. The first-year experience socializes law students in the culture of the law. During this period, students learn the language of the law and the ways that lawyers think. During this period, too, students …

The Evaluation Of Legal Scholarship, Philip C. Kissam

Washington Law Review

The evaluation process requires new perspectives to enhance our writing, reading, and formal evaluation of legal scholarship. The diversity of modern scholarship invites us to engage in a more flexible and more reflective reading and evaluation process that appreciates multiple perspectives and gives explicit attention to the different values, purposes, methods, and contexts of each individual work. This evaluation process would recognize and promote the legitimacy of pluralistic modes of research, analysis, and writing, thus improving the fairness of evaluations and possibly the quality of much contemporary scholarship. These improvements could affect both scholarship which is designed to assist legal …

The Evaluation Of Legal Scholarship, Philip C. Kissam

Washington Law Review

The evaluation process requires new perspectives to enhance our writing, reading, and formal evaluation of legal scholarship. The diversity of modern scholarship invites us to engage in a more flexible and more reflective reading and evaluation process that appreciates multiple perspectives and gives explicit attention to the different values, purposes, methods, and contexts of each individual work. This evaluation process would recognize and promote the legitimacy of pluralistic modes of research, analysis, and writing, thus improving the fairness of evaluations and possibly the quality of much contemporary scholarship. These improvements could affect both scholarship which is designed to assist legal …

Charting New Territory In Judicial Proof: Beyond Wigmore, Peter Tillers, David Schum

Cardozo Law Review

In this Article, Professor Tillers and Professor Schum investigate judicial proof in a way that combines three distinct methods of analyzing the probative significance of evidence. They call these three modes of analysis legal structuring, temporal structuring, and relational structuring. Although scholars in various disciplines have recognized the importance of these three types of analysis in the assessment of evidence, no extant theory provides a systematic account of the relationships between legal analysis, temporal analysis, and relational analysis. Professor Tillers and Professor Schum describe some of the matters that a three-dimensional analysis of proof must take into account and they …

Legal Research And Writing As Taught In Canadian Law Schools, Judy Ginsberg

Librarian Publications & Presentations

No abstract provided.

Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher

UIC Law Review

No abstract provided.

Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young

UIC Law Review

No abstract provided.

Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo

UIC Law Review

No abstract provided.

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Federal Home Loan Bank Board
• State Regulatory Framework
• Additional Research Sources
• Appendices and index

A Preface To Constitutional Theory, David B. Lyons

Faculty Scholarship

We have a plethora of theories about judicial review, including theories about theories, but their foundations require stricter scrutiny. This Essay presents some aspects of the problem through an examination of two important and familiar ideas about judicial review.

The controversy over "noninterpretive" review concerns the propriety of courts' deciding constitutional cases by using extraconstitutional norms. But the theoretical framework has not been well developed and appears to raise the wrong questions about judicial review. Thayer's doctrine of extreme judicial deference to the legislature has received much attention, but his reasoning has been given less careful notice. Thayer's rule rests …

Redesigning The Spouse's Forced Share: A Proposal, John H. Langbein, Lawrence W. Waggoner

Law Quadrangle (formerly Law Quad Notes)

The following article is adapted from Langbein and Waggoner, Redesigning the Spouse's Forced Share, 22 Real Property, Probate & Trust Journal 303 (1987). The Joint Editorial Board for the Uniform Probate Code recently accepted in principle the idea for redesigning the elective share presented in that article. Legislative language incorporating the authors' proposals has been approved by the Joint Editorial Board and will soon be submitted to the National Conference of Commissioners on Uniform State Laws for official inclusion in the Uniform Probate Code.

Conflicts Of Law And Morality, 21 J. Marshall L. Rev. 691 (1988), Todd Volker

UIC Law Review

No abstract provided.

Exploring Computer Aided Generation Of Questions For Normalizing Legal Rules, Layman E. Allen, Charles S. Saxon

Book Chapters

The process of normalizing a legal rule requires a drafter to indicate where the intent is to be precise and where it is to be imprecise in expressing both the between-sentence and within-sentence logical structure of that rule. Three different versions of a legal rule are constructed in the process of normalizing it: (1) the logical structure of the present version, (2) the detailed marker version, and (3) the logical structure of the normalized version. In order to construct the third version the analyst must formulate and answer specific questions about the terms that are used to express the logical …

Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim

Faculty Publications

No abstract provided.

Academic Research And Advocacy Research, Victor L. Streib

Cleveland State Law Review

Research is something we all do. Some research is a necessary evil, some a delightful passage, some unmitigated drudgery. Our general concern this evening is to hone the concept of legal research, at least as it is manifested by law professors and lawyers. More specifically, how does academic research and advocacy research differ in the world of law and what unique obligations might such differences suggest for the law professoriate? The general issue is the difference, perhaps conflict, between research aimed primarily at discovering truth and expanding knowledge versus research aimed primarily at mounting an argument to achieve victory for …

Women's Annotated Legal Bibliography Staff, Vol. 3 (1988)

Women's Annotated Legal Bibliography

No abstract provided.

Acknowledgments

Women's Annotated Legal Bibliography

No abstract provided.

Table Of Contents - Women's Annotated Legal Bibliography, Vol. 3 (1988)

Women's Annotated Legal Bibliography

No abstract provided.

Chapter 1: Abortion

Women's Annotated Legal Bibliography

Cases — p. 1

Annotations — p. 2

Legal Personhood — p. 5

Chapter 2: Battered Women

Women's Annotated Legal Bibliography

Cases — p. 11

Expert Testimony — p. 11

Legal Responses — p. 13

Miscellaneous — p. 15

Chapter 3: Family

Women's Annotated Legal Bibliography

Cases — p. 20

Family Law Surveys — p. 28

Child Abuse — p. 29

Evidentiary Issues in Child Abuse Cases — p. 32

Children’s Legal Rights — p. 39

Divorce — p. 45

Mediation & Alternative Dispute Resolution — p. 48

Property Division — p. 49

Valuation of Professional Degrees, Licenses & Goodwill — p. 54

Tax — p. 58

Child Custody & Support — p. 60

Adoption — p. 73

Native Americans — p. 76

Chapter 6: International

Women's Annotated Legal Bibliography

Annotations — p. 97

Chapter 7: Obscenity, Pornography & Prostitution

Women's Annotated Legal Bibliography

Case — p. 101

Annotations — p. 101

Chapter 5: Health

Women's Annotated Legal Bibliography

Cases — p. 85

Contraceptives & Birth — p. 85

DES — p. 87

Genetics — p. 88

Reproductive Technology & Surrogacy — p. 89

Miscellaneous — p. 96

Chapter 8: Sex Discrimination

Women's Annotated Legal Bibliography

Cases — p. 107

Employment Discrimination — p. 108

Equal Pay — p. 111

Legal Profession — p. 115

Title VII — p. 118

Title IX — p. 125

Miscellaneous — p. 126

Chapter 9: Miscellany

Women's Annotated Legal Bibliography

Annotations — p. 131