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Full-Text Articles in Legal Writing and Research

Early 1970 News Of Legal Writers, Ralph D. Churchill Jan 1971

Early 1970 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 …


Judicial Opinion Analysis, John J. Daley Jan 1971

Judicial Opinion Analysis, John J. Daley

LLM Theses and Essays

The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.


Law Students And A Constructive Approach To The Future Of America, John W. Wade Nov 1970

Law Students And A Constructive Approach To The Future Of America, John W. Wade

Vanderbilt Law Review

In years past, many intellectuals adhered to a theory of laissez faire. They believed that the way to maintain our economic system in good health was to keep our government and laws from interfering with its natural working. In those days, judges did not make law; they discovered through legal reasoning what the law was and what it had always been. In both fields the theory fell into decline and disfavor. As Justice Cardozo put it, the concept of laissez faire in law went the way of laissez faire in economics. Another theory, of more ancient origin, is that of …


Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau Nov 1970

Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau

Michigan Law Review

A Review of The Legal Process from a Behavioral Perspective by Stuart S. Nagel


Book Selection And Acquisitions: Comments And Annotated Bibliography, Betty W. Taylor, William W. Gaunt Feb 1970

Book Selection And Acquisitions: Comments And Annotated Bibliography, Betty W. Taylor, William W. Gaunt

UF Law Faculty Publications

No abstract provided.


Scholarship On Soviet Family Law In Perspective, Whitmore Gray Jan 1970

Scholarship On Soviet Family Law In Perspective, Whitmore Gray

Articles

The radical changes in the norms of Soviet family law over the past fifty years have reflected the convulsions of Soviet society as well as the revisions of Marxism-Leninism-Stalinism. This paper is a commentary on the writing in this field by Americans in particular, and by other non-Soviets in general. In view of the volume of writing in this field, it has been necessary to limit discussion in the text to a few representative articles illustrating a few of the subject matters treated and various typical approaches employed. The topic is a particularly timely one, for new, comprehensive Principles of …


News Of Legal Writers: 1970, Ralph D. Churchill Jan 1970

News Of Legal Writers: 1970, Ralph D. Churchill

Cleveland State Law Review

This is a newsletter for SCRIBES. The Editors of the Cleveland State Law Review are most gratified to have this periodical selected as the official organ for the dissemination of the SCRIBES Newsletter. SCRIBES is the honor society of distinguished legal writers.


Electronic Aids To The Drafting Of Legal Instruments, Reed Dickerson Jan 1970

Electronic Aids To The Drafting Of Legal Instruments, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Two Cheers For The Supreme Court, Paul A. Freund Jan 1970

Two Cheers For The Supreme Court, Paul A. Freund

Cleveland State Law Review

Text of speech given by Prof. Freund on the occasion of the presentation of the 1969 SCRIBES award for the best book written for laymen as well as lawyers, Law and Justice (Harvard University Press, 1968).


News Of Legal Writers And Writings, Ralph D. Churchill Jan 1970

News Of Legal Writers And Writings, Ralph D. Churchill

Cleveland State Law Review

The Editors of the Cleveland State Law Review are most 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 coming year, to direct its efforts towards the general improvement of the quality of writing in the legal profession. 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.


Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee Jan 1970

Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee

Faculty Articles

Professor McGee presents Roscoe Pound’s legal legacy—the most distinguished career in American legal scholarship. McGee discusses Pound’s essential jurisprudence, his jural postulates and critical views, and Pound’s theory of interests—social, public, and individual. McGee also delves into Pound’s academic concern with social control and discretion in criminal justice .


General Considerations In Legal Drafting, Reed Dickerson Jan 1970

General Considerations In Legal Drafting, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Fundamentals Of Legal Writing, By Sidney F. Parham, F. Reed Dickerson Jul 1969

Fundamentals Of Legal Writing, By Sidney F. Parham, F. Reed Dickerson

Indiana Law Journal

No abstract provided.


The "Control" Test For Limited Partnerships, Alan L. Feld May 1969

The "Control" Test For Limited Partnerships, Alan L. Feld

Faculty Scholarship

Under the Uniform Limited Partnership Act, a limited partner may become generally liable if "in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business." Although the Act is now over fifty years old, no satisfactory standard of "control" has been enunciated, and no definition of the "rights and powers" of a limited partner has been forthcoming. Mr. Feld examines the ambiguities in the statutory language and the dilemma in which they place counsel seeking to advise his clients, and concludes that the Act is due for an …


Tigar: Selective Service Law Reporter, Edward A. Tomlinson Feb 1969

Tigar: Selective Service Law Reporter, Edward A. Tomlinson

Michigan Law Review

A Review of Selective Service Law Reporter editor-in-chief, Michael E. Tigar


On Legal Writing, Albert P. Blaustein Jan 1969

On Legal Writing, Albert P. Blaustein

Cleveland State Law Review

Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.


Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta Jan 1969

Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta

Articles

The increasing need of legislatures to draft complicated statutes, e.g., the Internal Revenue Code, requires the development of new techniques for defining and communicating complicated policies both accurately and understandably. At present, these complicated statutes are expressed in long, convoluted sentences with frequent uses of exceptions and limitations. Current drafting technique, with its inadequacies, often hinders a comprehensive understanding of the policy being communicated and often fails to communicate the policy accurately. Moreover, with the voluminous increase of legal literature in recent times, legal researchers experience increasing difficulty in attempting to retrieve relevant judicial and administrative interpretations. The authors propose …


Headnotes, Journal Staff Jan 1969

Headnotes, Journal Staff

Vanderbilt Journal of Transnational Law

With this issue the Vanderbilt International enters its second year of publication and attempts to continue a metamorphosis from International Law Society newsletter to scholarly legal journal. While the birth of the International has been accompanied by the welcome emergence of numerous other international legal periodical, it is hoped that this publication will make a singular contribution by providing a medium for interdisciplinary analyses of international problems. Eventually, each issue will be a symposium in which a particular problem will be discussed by economists, political scientists, lawyers, and, of course, law students.


Debunking The Computer Mystique, Reed Dickerson Jan 1969

Debunking The Computer Mystique, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Referential Meaning: The Static Aspects, Reed Dickerson Jan 1969

Referential Meaning: The Static Aspects, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Eec, John W. Wade Dec 1968

Eec, John W. Wade

Vanderbilt Law Review

Elliott Cheatham is a man of young ideas--often radical ones. His thoughts and plans are of the future, and he looks to the past only for the lessons it gives as to how the future can be improved. He thinks always of the "energizing forces of the law."' He sees the turmoil and vicissitudes of contemporary society as a challenge to the law, the lawyer, and the law school, to identify the values in them and find a way for law to produce the orderly change which will capture and utilize those values. He can sternly and firmly prod and …


Legal Research And The Problems Of Society, Charles Maechling Jr. Sep 1968

Legal Research And The Problems Of Society, Charles Maechling Jr.

Journal of Legal Education

No abstract provided.


Book Review Of Brief Writing And Oral Argument, Robinson O. Everett Sep 1968

Book Review Of Brief Writing And Oral Argument, Robinson O. Everett

Journal of Legal Education

No abstract provided.


A Prospectus For Reform, Francis A. Allen Apr 1968

A Prospectus For Reform, Francis A. Allen

University of Michigan Journal of Law Reform

The interests of this journal are not focused narrowly on any particular areas of law reform. It will be concerned with issues relating to the improvement of both private law and public law, judicial administration, law enforcement, administrative regulation, and much more. In short, it seeks to promote the improvement of law and its administration in all areas in which needs are disclosed and in which useful proposals can be advanced. No doubt, many of the problems to be discussed will be those with an important local impact. One of the interesting developments of our times is the degree to …


A Case For Computers In Law Practice, Donald J. Elardo Jan 1968

A Case For Computers In Law Practice, Donald J. Elardo

Cleveland State Law Review

There is no profession which has more to gain from dramatic new technological developments for the automation of information than the legal profession.


Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey Jan 1968

Records And Sources Of Ohio Law From 1787-1850, William H. Vodrey

Cleveland State Law Review

This check list includes records and sources relating to Ohio law from 1787 to 1850. The imprint is included without regard to the place of printing, if it relates to Ohio law. A few items after 1850 are included, where appropriate.


A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen Jan 1968

A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen

Articles

An information retrieval system (as distinguished from a document retrieval system) is described for handling statute-oriented legal literature. The Normalized Sentence-Index Matrix (N-SIM) system suggested differs from more traditional retrieval systems for legal literature in three respects: (1) the categories used for classification are normalized versions of sentences from statutes, regulations, treaties, constitutions, case opinions, legal treatises, law review articles, and other documents in legal literature, (2) the classification system is hierarchial and open-ended to evolve with the literature through time, and (3) the organization of the file facilitates some analysis of the literature by computer. A sentence is expressed …


Review Of Handbook Of Appellate Advocacy, By M. Josephson., Douglas A. Kahn Jan 1968

Review Of Handbook Of Appellate Advocacy, By M. Josephson., Douglas A. Kahn

Reviews

The practice of appellate advocacy may well be the most abused skill in the legal profession. The successful conduct of an appeal can preserve a client's favorable verdict or reverse his losses; and an appellate determination is often dispositive of the case. Yet, while most members of the bar recognize that trial litigation requires specialized training, too many attorneys regard appellate advocacy as commonplace and devote little or no effort to the study of the techniques of brief writing and oral argument. I have personally observed a sizeable number of cases which were lost on appeal, not because counsel failed …


Headnotes, Journal Editor Jan 1968

Headnotes, Journal Editor

Vanderbilt Journal of Transnational Law

This issue marks the close of the first year for the Vanderbilt International. What it will become in the future is anyone's guess with General Hershey threatening a drastic reduction in the number of law students next year. In the long run, however, the publication can probably fill a very useful role as either an interdisciplinary magazine with a legal bias or as a law journal with an interdisciplinary bent. The former goal has been, by choice and necessity, the object of this year's Editors. Next year's staff will do as they like.

Regardless of emphasis, however, the increasing importance …


Team Work Planning Of A Comparative Law Research Project, Wencelas J. Wagner Jan 1968

Team Work Planning Of A Comparative Law Research Project, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.