Other Law Commons^™

Museletter: April/May 2002, Gail F. Zwirner

Museletter

This Issue:

ID Please: New Policy Restricts Access to the Law Library During Exam Period Evenings for Certain Users

Lexis and Westlaw Provide Summer Access for Students Involved in Law School Activities

Alcoa-Reynolds Building - Law School Will Not Move by Timothy L. Coggins

Spring Exam Schedule

10 Tips for Summer Associate Research Survival: A View from a Former Law Firm Librarian (Repeated by request, previously published in April 2001 Museletter) by Gail F. Zwirner

Carrel Information by Deborah Barlett

[Library Hours]

Salt Equalizer, Vol. 2002, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

SALT Celebrates 30 Years with Gala Banquet, at 1.

Paula C. Johnson & Michael Rooke-Ley, Presidents' Column, at 1.

Margaret Montoya, An Update on Grutter, the Michigan Law School Affirmative Action Case, at 2.

New Teachers Workshop, at 3.

SALT Extends Condolences to Appalachian School of Law, at 5.

Public Interest Retreats, at 6.

SALT Committee Reports, at 8.

Special Pull-Out Section: SALT Committees 2002-03, at 12.

SALT Opposes Pickering Nomination, at 20.

Professors Protest Justice Thomas Visit: SALT Writes in Support, at 22.

To Swear . . . Or Not To Swear Document Signers: The Default Of Notaries Public And A Proposal To Abolish Oral Notarial Oaths, Michael L. Closen

Buffalo Law Review

No abstract provided.

Counting Guns In Early America, James Lindgren, Justin L. Heather

William & Mary Law Review

Probate inventories, though perhaps the best prevailing source for determining ownership patterns in early America, are incomplete and fallible. In this Article, the authors suggest that inferences about who owned guns can be improved by using multivariate techniques and control variables of other common objects. To determine gun ownership from probate inventories, the authors examine three databases in detail-Alice Hanson Jones's national sample of 919 inventories (1774), 149 inventories from Providence, Rhode Island (1679-1726), and Gunston Hall Plantation's sample of 325 inventories from Maryland and Virginia (1740-1810). Also discussed are a sample of 59 probate inventories from Essex County, Massachusetts …

Richmond Law Magazine: Spring 2002

Richmond Law Magazine

Features:

Legal Leaders

Interpreting Islam

Pulling His Weight

Volume 26, No. 4

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Ted Frankel, Arlo Litman

Managing Editor: Jason Brown

Museletter: February/March 2002, Gail F. Zwirner

Museletter

This Issue:

Reference Source of the Month: Hein Online by Gail F. Zwirner

[Library Hours]

Proposal For A Centralized And Integrated Registry For Security Interests In Intellectual Property, William J. Murphy

Law Faculty Scholarship

As the world economy enters the twenty-first century, job and wealth creation is increasingly based on innovation and creativity that, in turn, can give rise to important intellectual property rights. For many companies and individuals these intellectual property rights may represent their most valuable assets, or in some cases, their only valuable assets. As a result, intellectual property rights increasingly play a critical the role in financing.

Unlocking the job and wealth creating potential of intellectual property assets requires putting these assets into use, and that often requires a capital investment. Unfortunately, many entrepreneurs and innovators lack the capital necessary …

Remarks By The Honorable Judith S. Kaye: Access To Justice Conference, September 11, 2001, The Honorable Judith S. Kaye

Fordham Urban Law Journal

Remarks at the Access to Justice Conference: September 11, 2001

Don't Confuse Metatags With Initial Interest Confusion, Yelena Dunaevsky

Fordham Urban Law Journal

This Comment focuses on whether the legal doctrine of "initial interest confusion" should be applied in metatag related trademark infringement cases. The Comment agues that because "initial interest confusion" does not improve or clarify the existing process of legal inquiry in a trademark infringement litigation, the doctrine is a superfluous legal tool and may even be harmful from a public policy perspective.

Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman

Faculty Scholarship

No abstract provided.

Cognitive Legal Studies: Categorization And Imagination In The Mind Of Law--Introduction, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

Remarks By The Honorable Jonathan Lippman, Jonathan Lippman

Fordham Urban Law Journal

Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference

Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner

Fordham Urban Law Journal

This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.

Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo

Fordham Urban Law Journal

This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.

In Defense Of Ghostwriting, Jona Goldschmidt

Fordham Urban Law Journal

This Article analyzes the legal community's resistance to ghostwriting for pro se litigants. It examines the nature, extent and benefits of ghostwriting. It analyzes objections to ghostwriting raised in case law and ethics opinions. It describes recent ghostwriting recommendations and regulatory developments. The Article discusses the relevance of the duty of confidentiality and the attorney-client privilege to ghostwriting. It analyzes the legal community's resistance to ghostwriting. The Article concludes that ghostwriting serves a growing segment of the pro se population and that it doesn't violate the court rules or ethical principles.

Muddy Rules For Securitization Transactions, Edward J. Janger

Faculty Scholarship

No abstract provided.

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …

The Puffery Of Lawyers, Rodney A. Smolla

University of Richmond Law Review

Lawyers advertise to attract clients. Politicians advertise to attract voters. Businesses advertise to attract customers. All of these advertisers advertise with a common subtext: choose me, because I'm better than the rest. Hire me, vote for me, buy my product, and good things will happen. The message may be blunt, explicit, direct, linear. But often it is not. The bludgeon is not the tool of choice in modem mass advertising. The message, more commonly, is presented with subtlety, often merely suggested, often presented with indirection, irony, camp, or comedy. Information as such is not the point. The stuff of modern …

Stem Cells, Cloning, And Abortion: Making Careful Distinctions, Dena S. Davis

Law Faculty Articles and Essays

The current controversy over federal funding for research involving stem cells derived from very early embryos is situated between two other equally difficult issues: abortion and cloning. As Laurie Zoloth (2002) says, talk about stem cells is "directly proximate" to the abortion debate. Nonetheless, a settled position in favor of abortion rights does not necessarily lead to support for research that involves the death of embryos. Nor should opposition to reproductive cloning necessarily entail opposition to therapeutic cloning. There are important ways in which our attitudes toward research with embryonic stem cells ought to be entwined with our thinking about …

Museletter: January 2002, Gail F. Zwirner

Museletter

This Issue:

Law School Expands Wireless Network Access by Timothy L. Coggins

Reference Source of the Month: West's Annotated Code of Virginia by Gail Zwirner

Recent Faculty Publications

One-L Lexis and Westlaw Training Schedule (Required for Law Skills) (Weeks of January 21 and January 28)

OP/ED: Will a National Tragedy Force U.S. Supreme Court to Join Other Courts and Accept Electronic Filings?

A Word-And-Flesh Profession: A Response To White And Brueggemann, Marie Failinger

Faculty Scholarship

Speech remakes the world through a relationship among words, speaker, and hearer. On one hand, this view of the human encounter as essentially rhetorical precludes an understanding of speech as purely subjectivist or emotivist self-expression. On the other hand, this same view of human speech interaction precludes the understanding of speech acts as mere descriptions of previously discovered or reasoned truth, either empirical or abstract. Professor White reaffirms this triad among words, speaker, and hearer with what he has identified as the “deeply reciprocal” dynamic of language. Professor Brueggemann also describes the speech acts between Moses, Abraham, and their God …

Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth

Scholarly Works

At a time of renewed scrutiny of capital punishment, Nevada lawyers may be interested in some of the recent legal scholarship on the death penalty based on social science data, rather than on legal philosophy or constitutional theory. Three projects are of particular interest: Professor James Liebman's work on errors in death penalty cases; the National Jury Project's data about how jurors decide capital cases; and David Baldus' recent study of peremptory challenges in capital cases.

The Fiction Of Juvenile Right To Counsel: Waiver In Juvenile Courts, Mary E. Berkheiser

Scholarly Works

Although a number of juvenile justice advocates and scholars have decried the prevalence of juvenile waiver of right to counsel, no one has undertaken a comprehensive study of the problem. This Article attempts to fill that gap. The Article begins with a review of the historical context in which juvenile right to counsel arose and proceeds to a discussion of the landmark In re Gault decision and the due process underpinnings of juvenile right to counsel. The Article then chronicles the long-standing practice of permitting juveniles to waive their right to counsel and shows that the vast majority of nearly …

Biting Off What They Can Chew: Strategies For Involving Law Students In Problem-Solving Beyond Individual Client Representation, Katherine R. Kruse

Scholarly Works

Problem-solving is most often taught in the context of representing individual clients in small manageable cases where students retain primary control and develop a sense of ownership. Increasingly, law school clinical programs are involving students in broader service projects designed to meet the needs of clients that go unaddressed by the legal system. Student involvement in these projects presents challenges for the traditional model of problem-solving taught in individual case representation. This article explores the challenges of translating the problem-solving techniques employed in direct representation of individual clients into the larger context of problem-solving for a client community by examining …

Missouri, The “War On Terrorism,” And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos

Scholarly Works

This article explains how the 2000 census confirmed what many already knew--the traditional image of what it means for Missouri to be a heartland state is changing. The 2000 census shows that the fastest growing racial/ethnic group in Missouri are Latinos. This growth in first generation immigrants has not been limited to Missouri's large urban centers. In rural Missouri and its small towns, the major group of first generation immigrants is Latinos.

Civil Liability And Remedies In Ohio Securities Transactions, Keith A. Rowley

Scholarly Works

The Ohio Securities Act (“OSA”) was enacted in 1913 to “guard [ ] investors against fraudulent enterprises, to prevent sales of securities based only on schemes purely speculative in character, and to protect the public from swindling peddlers of worthless stocks in mere paper corporations.” The OSA, which is administered by the Ohio Division of Securities (“Division”) and enforced by both the Division and private litigants, regulates the sale and purchase of securities in Ohio. The OSA and the rules and regulations promulgated pursuant to it by the Division are designed both to encourage compliance by those who might otherwise …

“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

Scholarly Works

In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …

Do Best Practices In Legal Education Include Emphasis On Compositional Modes Of Studying Law As A Liberal Art?, Linda L. Berger

Scholarly Works

Reporter's Notes on "A Liberal Education in Law: Engaging the Legal Imagination through Research and Writing Beyond the Curriculum."