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Full-Text Articles in Legal Writing and Research

Minority Writing Problems And Law School Writing Problems, Norman Brand Mar 1974

Minority Writing Problems And Law School Writing Problems, Norman Brand

Journal of Legal Education

No abstract provided.


Whatever Happened To Legal Writing At Utah?, Boyd Kimball Dyer Mar 1974

Whatever Happened To Legal Writing At Utah?, Boyd Kimball Dyer

Journal of Legal Education

No abstract provided.


Um Notes Jan 1974

Um Notes

Law Quadrangle (formerly Law Quad Notes)

Alfred F. Conrad is Butzel Professor; Words in memory of Paul G. Kauper; Rosberg amd Waggoner join law faculty; Rhonda R. Rivera is named Assistant Dean; Philosopher Rawls is a visiting professor; Professor Blasi host award-winning show; Professor Kamisar praises Michigan Supreme Court; Harris, Siegal, and Wellman take new positions; Student group urges open agency files; Clerkships accepted by 24 law grads; Recent events.


Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen Jan 1974

Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen

Articles

Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.


A Note On Robinson's Brief Collection Of ... Courts Of Records, William Hamilton Bryson Jan 1974

A Note On Robinson's Brief Collection Of ... Courts Of Records, William Hamilton Bryson

Law Faculty Publications

IN 1953 R. L. Rickard edited for the Camden Miscellany a short tract by Richard Robinson which describes briefly the various English courts of law as they were at the end of the sixteenth century: 'A Briefe Collection of the Queenes Majesties Most High and Most Honourable Courtes of Recordes.' In addition to the three manuscript copies which Rickard mentioned in his preface, fourteen others have recently been identified of which he appears to have been unaware. Since one of these is more complete and several are more interesting than the copy which was edited, a short note is required …


Contract Clauses, James J. White Jan 1974

Contract Clauses, James J. White

Book Chapters

Before he turns to the clauses below, the draftsman should consider a few points that apply to drafting in general. The suggestions that follow will not win the Galileo award for 1974, but they bear repeating nevertheless.


A Welcome, Michael I. Sovern Jan 1974

A Welcome, Michael I. Sovern

Faculty Scholarship

Though my offering here is more ceremonial than intellectual, I accepted with alacrity the editors' invitation to submit a brief, welcoming essay for Volume 1, Number 1 of the Columbia Journal of Environmental Law. I write, first, to symbolize our School's deep and abiding commitment to environmental studies, a commitment evidenced by the extraordinary number of Columbia students, faculty and alumni who have contributed and are contributing to the development of environmental law. Professors Grad, Jones, Murphy, and Rosenthal; Russel Train, David Sive and Jerome Kretchmer; and the editors of this Journal, among many others, come quickly to mind. I …


Professionalizing Legislative Drafting: A Realistic Goal?, Reed Dickerson Jan 1974

Professionalizing Legislative Drafting: A Realistic Goal?, Reed Dickerson

Articles by Maurer Faculty

The teaching of skills that result in sound legislative drafting is neglected in law schools, and professionalism in legislative drafting is lacking on both the federal and state fronts. With the adoption by the American Bar Association of seven major principles relating to the drafting of federal legislation, perhaps there is more hope now that there will be a move toward professionalism.


Further Observations About The Survey Of Foreign And International Law Collections In Selected United States Law Libraries: 1972-1973, Igor I. Kavass Jan 1974

Further Observations About The Survey Of Foreign And International Law Collections In Selected United States Law Libraries: 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.


A Primer Of Opinion Writing For Law-Clerks, George R. Smith Nov 1973

A Primer Of Opinion Writing For Law-Clerks, George R. Smith

Vanderbilt Law Review

Not all appellate judges make the drafting of tentative opinions a part of their law clerks' duties. The practice, however, is increasing, perhaps as a result of the mounting case loads that now occupy the time of most appellate courts. Opinion writing by law clerks is certainly so widespread today that no symposium devoted to the duties of law clerks would be complete without some discussion of the subject. Except for the matter of final responsibility for the opinion, the problems that confront a law clerk in the preparation of an opinion include those that confront the judge himself in …


Sample Instructions To Law Clerks, Frederick G. Hamley, Ruggero J. Aldisert Nov 1973

Sample Instructions To Law Clerks, Frederick G. Hamley, Ruggero J. Aldisert

Vanderbilt Law Review

Sample Instructions to Law Clerks

Sample A -- Law Clerks for Judges of the Ninth Circuit Court of Appeals

Frederick G. Hamley

General Responsibilities

1. You should therefore adopt a professional attitude at the outset. 2. You will need to employ industrious work habits. 3. Cultivate efficient, time-saving ways of doing your work. 4. Make this a year of continuing legal education and an intensive training period. 5. You will come into possession of information concerning the processing of appeals which must remain secret until the opinions are filed. 6. Your prime loyalty is to your judge. 7. All of …


Choosing Law Clerks In Massachusetts, Robert Braucher Nov 1973

Choosing Law Clerks In Massachusetts, Robert Braucher

Vanderbilt Law Review

About the summer of 1875" Chief Justice Horace Gray of the Supreme Judicial Court of Massachusetts "began a practice, which he continued until the end of his judicial career, of employing a young graduate of the Harvard Law School as a secretary. At first he paid the expense of this from his own purse, but before he had been many years at Washington" as a Justice of the Supreme Court of the United States "the Government provided for the appointment of a clerk for each of the justices of the Supreme Court. His colleagues generally appointed as their clerks stenographers …


Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott Apr 1973

Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott

IUSTITIA

The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation.

It is my contention that a literary statement* is a useful tool in representing the process of events in a manner which reproduces the quality and character of the underlying reality. This more accurate reality is derived from the perspective of the artist who writes out of an experience common to his people, even though his expression is essentially a personal one: he writes according to his own sensibilities and is not …


A Complete Bibliography Of Books, Pamphlets, Major Reports, Speeches, And Memoranda Of E. Blythe Stason, Michigan Law Review Jan 1973

A Complete Bibliography Of Books, Pamphlets, Major Reports, Speeches, And Memoranda Of E. Blythe Stason, Michigan Law Review

Michigan Law Review

A Complete Bibliography of Books, Pamphlets, Major Reports, Speeches, and Memoranda of E. Blythe Stason (Unpublished works can be found in the Michigan Historical Collection, Ann Arbor, Michigan)


Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass Jan 1973

Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.


Weintraub's Commentary On The Conflict Of Laws: The Chapter On Torts, Robert A. Sedler Jun 1972

Weintraub's Commentary On The Conflict Of Laws: The Chapter On Torts, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Indiana University Seminar In Jurimetrics, F. Reed Dickerson, Robert Birmingham, Joseph Brodley Jan 1972

Indiana University Seminar In Jurimetrics, F. Reed Dickerson, Robert Birmingham, Joseph Brodley

Articles by Maurer Faculty

No abstract provided.


Information Science Techniques For Legal Searching, Deborah C. Goshien Jan 1972

Information Science Techniques For Legal Searching, Deborah C. Goshien

Cleveland State Law Review

Information scientific methods can be combined with current legal searching techniques to improve the usefulness and cost-effectiveness of computerized legal research. By combining methods from several disciplines, the lawyer-user may be enabled to locate relevant material that might be missed in either a manual or a straight word-byword computer search.


John W. Wade: Gentle Scholar, Pilot Lawyer, Roger J. Traynor Jan 1972

John W. Wade: Gentle Scholar, Pilot Lawyer, Roger J. Traynor

Vanderbilt Law Review

His contributions to the work of the American Law Institute, his career as the dean of a first-rate law school, and his essays on restitution,torts, and conflict of laws would be more than enough to place John Wade in the first rank of American lawyers. The very constructiveness of his work makes him pre-emininently a modern teacher and lawyer.


Mid-1972 News Of Legal Writers, Ralph D. Churchill Jan 1972

Mid-1972 News Of Legal Writers, Ralph D. Churchill

Cleveland State Law Review

The Cleveland State Law Review is the periodical selected as the ;official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking particularly to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and the Bar.


John W. Wade: Friendly Critic And Sensitive Scholar, Wex S. Malone Jan 1972

John W. Wade: Friendly Critic And Sensitive Scholar, Wex S. Malone

Vanderbilt Law Review

The teacher could boast only three or four years of maturity over his students; hence, he was vulnerable and was often at-tacked with considerable spirit. From the beginning John Wade faced me with the kind of challenge that can be both the delight and the despair of a beginning law teacher. His characteristic mode of attack by way of imperturbable but relentless prodding will be recalled with admiring pleasure by more than a generation of his own law students. This role of the friendly, reflective skeptic, which is so fundamental a part of the intellectual make-up of John Wade, has …


John W. Wade And The Development Of The Vanderbilt Law School, Paul H. Sanders Jan 1972

John W. Wade And The Development Of The Vanderbilt Law School, Paul H. Sanders

Vanderbilt Law Review

John W. Wade made a decided imprint upon the Vanderbilt Law School in the years before he became Dean in 1952. His contributions to the development of the institution were impressive, not only as a skillful "case-method" teacher in the classroom, but also as Faculty Editor for volumes two through five of the Vanderbilt Law Review at a time when this position entailed responsibilities for all phases of the publication greatly in excess of those imposed upon the Faculty Adviser in later years. Without question he was the person most responsible for the firm and early establishment of the Vanderbilt …


The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson Jan 1972

The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson Jan 1972

Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson

Articles by Maurer Faculty

Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …


Report To Economics Committee: First National Conference On Automated Law Research, Reed Dickerson Jan 1972

Report To Economics Committee: First National Conference On Automated Law Research, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Computer Systems For Research, Layman E. Allen Jan 1971

Computer Systems For Research, Layman E. Allen

Book Chapters

The legal communication network today is characterized by two features. Any communication network in this century is marked by a division between the extent to which there is a man involved and the extent to which there is a machine involved. And, in terms of emphasis at this stage of things, at least within law, the emphasis is heavily upon the man communicating messages and relatively less upon the machine. The interesting question is, What is going on within this network that is amenable to being handled by machine and what, among those things, is it wise to do that …


How Does The Law Change? The Case For Legal Research, Jeanne W. Halpern Jan 1971

How Does The Law Change? The Case For Legal Research, Jeanne W. Halpern

Miscellaneous Law School History & Publications

Legal research, once synonymous with pretrial investigations, courtroom proceedings, and a rather slavish application of precedent has, since the turn of the century, moved increasingly into university law schools. In so doing, legal research has expanded to include reform, innovation, and vigorous inquiries into the relation of law to the social forces that create it. In the satiric lithograph on the cover, "Les gens de justice" (courtesy of the University of Michigan Museum of Art), Honoré Daumier depicts 19th century lawyers and their "research" as pompous and self-serving. The frontispiece shows the William W. Cook Legal Research Building at the …


Footprints In The Sands Of Time Jan 1971

Footprints In The Sands Of Time

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.


Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen Jan 1971

Right1, Right2, Right3, Right4 And How About Right?, Layman E. Allen

Book Chapters

Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word-skill is to be prized. Few have expressed this more aptly or succinctly than Wesley N. Hohfeld: ...[I]n any closely reasoned problem, whether legal or nonlegal, chameleon-hued words are a peril both to clear thought and to lucid expression.


June 1971 News Of Legal Writers, Ralph D. Churchill Jan 1971

June 1971 News Of Legal Writers, Ralph D. Churchill

Cleveland State Law Review

The Editors of the Cleveland State Law Review are gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES, the honorary society of distinguished legal writers, is seeking, particularly this year, to direct its efforts towards the general improvement of the quality of writing in the legal profession and especially in the training of law students. It is our hope that in reporting the activities of these, the most distinguished writers and scholars in the legal profession, the Cleveland State Law Review will be of service to this organization, its readers, and …