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Legal Writing and Research

2014

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Articles 1 - 26 of 26

Full-Text Articles in Social and Behavioral Sciences

The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken Nov 2014

The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken

Law Faculty Popular Media

In this article, the author discusses improvements to the Lexis Advance research platform.


Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick Oct 2014

Empirical Law And Economics, Jonah B. Gelbach, Jonathan Klick

All Faculty Scholarship

Empirical work has grown in importance in law and economics. This growth coincides with improvements in research designs in empirical microeconomics more generally. In this essay, we provide a stylized discussion of some trends over the last two or three decades, linking the credibility revolution in empirical micro to the ascendancy of empirical work in law and economics. We then provide some methodological observations about a number of commonly used approaches to estimating policy effects. The literature on the economics of crime and criminal procedure illustrates the ways in which many of these techniques have been used successfully. Other fields, …


Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge Oct 2014

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.


Uelma: The Uniform Electronic Legal Material Act, Marlene Coir, Virginia C. Thomas Oct 2014

Uelma: The Uniform Electronic Legal Material Act, Marlene Coir, Virginia C. Thomas

Library Scholarly Publications

At the federal, state, and local levels, primary legal materials are increasingly being made available to the public in electronic format. It is a matter of great concern to attorneys and legal researchers that these electronic resources routinely include caveats and disclaimers regarding their authenticity and official status. Until recently, however, state and local governments have seldom guaranteed that these resources would be updated, maintained, and securely archived for the benefit of their citizens. In July 2011, the National Conference of Commissioners on Uniform State Laws approved the text of the Uniform Electronic Legal Material Act (UELMA). As drafted, this …


From Disability To Usability In Online Instruction, Susan David Demaine Oct 2014

From Disability To Usability In Online Instruction, Susan David Demaine

Articles by Maurer Faculty

This article is a primer on the work needed to ensure accessibility in online instruction. It discusses different disabilities, reviews relevant laws and standards, and explores the relationship between accessibility and the principles of universal design. The article introduces a number of best practices for creating accessibility in online instruction.


Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro Sep 2014

Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro

Femi Cadmus

As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an …


Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Sep 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Femi Cadmus

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro Sep 2014

Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro

Femi Cadmus

No abstract provided.


Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre Sep 2014

Researching Environmental Justice: A Conversation, Virginia C. Thomas, William W. Lefevre

Library Scholarly Publications

The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The concerns that arise in this complex environmental context extend beyond the scope of traditional legal research resources to include historical, social, scientific, and governmental documents that reside in unique archival collections.

Through the conversation that follows, senior archivist William LeFevre of the Walter P. Reuther Library shares his experience and insights on how archival resources can provide essential support …


Beyond The E-Reader: Alternative Uses For The Ipad In Libraries, Rachel Evans Jun 2014

Beyond The E-Reader: Alternative Uses For The Ipad In Libraries, Rachel Evans

Articles, Chapters and Online Publications

Explores how libraries use iPads to improve productivity and maximize staff time. Includes recommendations for using iPads as web development, video conferencing, mobile service point, online polling and self-checkout tools, as well as suggestions for specific productivity apps,


Digital Commons And Ssrn: Turning Perceived Conflict Into Real Synergy, James M. Donovan, Carol A. Watson Apr 2014

Digital Commons And Ssrn: Turning Perceived Conflict Into Real Synergy, James M. Donovan, Carol A. Watson

Presentations

Covers the history of SSRN and the development of institutional repositories, how to positively address faculty concerns about losing SSRN download statistics, statistical analysis of downloads on each platform and research behavior, and an overview of the strengths and advantages of each platform.


When You Need To Know, These Are The Places To Go: Investigative Research On The Web, Suzanne R. Graham Mar 2014

When You Need To Know, These Are The Places To Go: Investigative Research On The Web, Suzanne R. Graham

Continuing Legal Education Presentations

Provides an overview of the kind of publicly-available information on the Web. Includes tips for how to find vital data about a person (birth and death dates and contact information), about investment and salary, and about prior interactions with court system.


Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project Mar 2014

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides


Behavioral International Law, Tomer Broude Feb 2014

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …


A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman Feb 2014

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 1892–2013, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

This bibliography attempts to include all faculty members at the College of Law beginning in 1892 through the faculty members of the 2012–2013 academic year. We included publications from tenure-track law, law library, and law clinical faculty members and visiting faculty members who were at the College of Law for three or more years. Although we did not include the scholarship of faculty members who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes. We used the Official Bulletin of Nebraska Law and the Nebraska Law Review to …


A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer Jan 2014

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …


The Unc Law Library's Redaction Of Its Digitized Collection Of North Carolina Supreme Court Briefs: A Case Study, Nicole Downing Jan 2014

The Unc Law Library's Redaction Of Its Digitized Collection Of North Carolina Supreme Court Briefs: A Case Study, Nicole Downing

AALL/LexisNexis Call for Papers

This study evaluates the digital redaction process as undertaken by the University of North Carolina Kathrine R. Everett Law Library as part of digitizing their collection of North Carolina Supreme Court briefs. New privacy concerns are raised by digitizing court documents and making them available online. Libraries have an interest in digitizing their print collections of court documents for public access on the Internet, but have received no clear guidance on how to proceed in the face of legal concerns. The purpose of this research is to inform libraries of the legal, ethical, and practical situation surrounding redaction of digitized …


Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Jan 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Cornell Law Librarians' Publications

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


The Changing Discourse Of The Supreme Court, Stephen M. Johnson Jan 2014

The Changing Discourse Of The Supreme Court, Stephen M. Johnson

The University of New Hampshire Law Review

[Excerpt] “Academics, judges, and other commentators complain that, for the past few decades, the Justices on the Supreme Court have been increasingly writing opinions that are unreadable for most American citizens. Those critics complain that the opinions are too long and too complex, riddled with incomprehensible multi-part tests. They also attack the style of the opinions and assert that recent opinions are more likely to be written in a technocratic, rather than persuasive, style.

There seems to be little consensus among the critics regarding why the Justices are writing opinions that are increasingly unreadable. Some attribute it to the increasing …


Public Access To Primary Legal Information In China: Challenges And Opportunities, Xiaomeng Zhang Jan 2014

Public Access To Primary Legal Information In China: Challenges And Opportunities, Xiaomeng Zhang

Law Librarian Scholarship

Despite a lack of a national legislation that mandates open government information in the People's Republic of China, each major government branch has taken proactive efforts to make primary legal information issued within their power available to the public. A close examination of Chinese official legal information portals on the national level reveal issues such as a lack of uniformity and a lack of access to authenticated primary legal information. This article proposes a solution that would not only offer more consistent guidelines for the government but would empower the public to assert their right to primary legal information more …


Research And The Professional : Navigating A Spectrum Of Legal Resources., Erin K Gow Jan 2014

Research And The Professional : Navigating A Spectrum Of Legal Resources., Erin K Gow

Faculty Scholarship

Legal research is complicated by the growing amount of information available, and there is evidence that legal practitioners require additional training in order to enhance their information literacy and legal research skills. Librarians have a key role to play in developing legal research training, and examples taken from Middle Temple's library are used to illustrate ways in which librarians can offer beneficial training to their library users. This involves assessing the skills, motivation, and needs of the average library user in order to design legal research training that is educationally sound and appealing to the target audience.


Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus Jan 2014

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Faculty Scholarship

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.


Hawking Hyphens In Compound Modifiers, Joan Ames Magat Jan 2014

Hawking Hyphens In Compound Modifiers, Joan Ames Magat

Faculty Scholarship

The first principle of legal writing is surely its clarity — visible actors (unless the action matters more), uncluttered syntax, and, of course, logical structure. But the little things can matter to clarity, too — such as deliberate punctuation that signifies. In the language of law, in which compound nouns are rife, the reader can feel adrift as to where modifiers end and the noun begins. (Consider government-subsidized health flexible-spending arrangement without those hyphens.) Hyphens help. Whether an author cares to hyphenate the noun is his call; but hyphenating compound modifiers (also called phrasal adjectives, though they may include adverbs …


Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn Jan 2014

Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn

All Faculty Scholarship

This article outlines the author's experience creating and teaching a specialized legal research course. It includes the reasons for offering such a course, tips for selecting a topic and developing a syllabus, getting the course approved, creating student interest, developing a teaching plan, and evaluating the course.


Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson Jan 2014

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …


Not Just For Scouting Anymore: Digital Badges For Legal Research Skills, Alcasid Hannah, Susan David Demaine, Catherine A. Lemmer, Benjamin J. Keele Jan 2014

Not Just For Scouting Anymore: Digital Badges For Legal Research Skills, Alcasid Hannah, Susan David Demaine, Catherine A. Lemmer, Benjamin J. Keele

Articles by Maurer Faculty

No abstract provided.