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Legal Writing and Research

2021

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Articles 1 - 29 of 29

Full-Text Articles in Social and Behavioral Sciences

Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2021

Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Dare To Dream: How Would You Teach 1ls Legal Research With No Restrictions?, Olivia R. Smith Schlinck Nov 2021

Dare To Dream: How Would You Teach 1ls Legal Research With No Restrictions?, Olivia R. Smith Schlinck

Library Staff Online Publications

When I started in my current role as an instructional librarian, I was given space to make the changes I thought necessary to improve an already-changing legal research program. I’ve made changes – some small, some more major – in both the 1L and upper-level research curriculum, but there is more to do. In particular, I’m not entirely satisfied with how we teach legal research to 1Ls.


Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law Nov 2021

Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein Nov 2021

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …


Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms. Oct 2021

Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only provide news of the day updates, humor, and support for those in need but also is replete with ethical landmines for the unwary lawyer. Lawyers commenting on current events, their cases, or responding to a client’s negative online review, have suffered damage to their careers. In some instances, they have even …


Is Open Access Equal Access? Pacer User Fees And Public Access To Court Information, John L. Moreland Oct 2021

Is Open Access Equal Access? Pacer User Fees And Public Access To Court Information, John L. Moreland

Articles by Maurer Faculty

Our country has a long history of striving for openness and transparency in government processes. In 1978, the United States Supreme Court held, “It is clear that the courts of this country recognize a general right to insect and copy public records and documents, including judicial records and documents.” Long before America’s high court recognized this common law principle, court records were historically accessible for inspection by lawyers, journalists, land title companies, credit agencies, academics, and members of the general public. These individuals were also permitted to take notes as a part of their right to inspect court documents. Having …


Law Students, Covid-19, And Big Feelings, Olivia R. Smith Schlinck Sep 2021

Law Students, Covid-19, And Big Feelings, Olivia R. Smith Schlinck

Library Staff Online Publications

It’s Fall 2021 and well . . . we’re back. Or rather – some of us are. Along with a patchwork of universities requiring vaccinations and/or masks for students comes a patchwork of modes of instruction: fully online, hybrid, fully in-person (and subject to change). Some employees have shifted to occasional work-from-home models while others are required to be in-person every day. It’s all very complicated. Honestly, right now everything is complicated. With big, complicated situations come big, complicated feelings, and our students’ feelings are certainly that: big.


Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2021

Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2021

Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Democracy Requires Good Law Libraries – With Books, Franklin L. Runge Aug 2021

Democracy Requires Good Law Libraries – With Books, Franklin L. Runge

Library Scholarship

In this brief commentary, the author argues for the continued presence of a print collection in law libraries because (1) law libraries serve as a fail-safe for democracy, (2) inexperienced researchers achieve a greater understanding of how primary law is produced when exposed to print materials, and (3) there is still a high demand for print materials in scholarly endeavors.


Law Library Blog (August 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Aug 2021

Law Library Blog (August 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi Jul 2021

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …


The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts Jun 2021

The Beginnings Of The Journal Of Food Law & Policy, Michael T. Roberts

Journal of Food Law & Policy

In the first sentence of the introduction to the inaugural edition of the Journal for Food Law & Policy, Margie Alsbrook, the founding Editor-in-Chief, and I, the founding faculty advisor, stated: "It is with great pride and pleasure that we present the inaugural issue of the Journal for Food Law & Policy." In celebration of the Journal's tenth anniversary, I am inclined to echo the same sentiment, but with the added proviso: "surprised!" I confess being gravely concerned ten years ago over the Journal's survivability. Food law and policy was then barely in its formative stage. The nascent, social food …


Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg May 2021

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.


Law Library Continuing Services Webpage, May 2021, University Of Georgia Law Library May 2021

Law Library Continuing Services Webpage, May 2021, University Of Georgia Law Library

COVID-19 Pandemic Archive

This screenshot was the final version of the Law Library's COVID-19 Continuing Services webpage. First published on Friday March 13, 2020 as we prepared for our first week of building closure at the onset of the pandemic, it was the primary location of our library's facility hours, pandemic services, and closure information through Spring 2021. This version shows the way the webpage looked on the date it was unpublished May 17, 2021.


Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain Apr 2021

Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain

Dickinson Law Review (2017-Present)

The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose a redefinition that includes other miscarriages of justice: A wrongful conviction is a conviction or adjudication for someone who never should have been involved in the juvenile or criminal legal system in the first place. Although there are various miscarriages of justice that might appropriately be categorized under …


The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa Apr 2021

The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa

Dickinson Law Review (2017-Present)

Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …


The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley Apr 2021

The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley

Dickinson Law Review (2017-Present)

The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …


Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White Apr 2021

Increasing Substantive Fairness And Mitigating Social Costs In Eviction Proceedings: Instituting A Civil Right To Counsel For Indigent Tenants In Pennsylvania, Robin M. White

Dickinson Law Review (2017-Present)

The U.S. Constitution provides criminal defendants the right to a court-appointed attorney but gives no similar protection to civil litigants. Although federal law does not supply any categorical rights to counsel for civil litigants, all 50 states have instituted the right in at least one category of civil law that substantially impacts individuals’ rights. Since 2017, several U.S. cities have enacted such a right for tenants facing eviction. In so doing, these cities responded to American families’ increasing rent burden, the recent publication of nationwide eviction data, the sociological research concerning the impact of eviction, and the lack of procedural …


A Review Of Grey Literature Cited By Food Loss Law And Policy Scholarship, Angela Hackstadt Mar 2021

A Review Of Grey Literature Cited By Food Loss Law And Policy Scholarship, Angela Hackstadt

University Libraries Faculty Scholarship

In the United States, state and federal programs, rules, and legislation attempt to address the social, economic, and environmental impacts of food waste. Research on the efficacy of these interventions rely on a variety of grey literature resources. Grey literature is valuable to policy research but may be overlooked because it is not published commercially and is often deemed unauthoritative. This review focuses on the use of grey literature in food waste law and policy scholarship to identify the most used sources and to determine what, if any, archiving strategies authors use. Recommendations for librarians and researchers are discussed.


Alexander Campbell King Law Library Strategic Plan, 2020-2025, University Of Georgia Law Library Mar 2021

Alexander Campbell King Law Library Strategic Plan, 2020-2025, University Of Georgia Law Library

Strategic Plan Documents

In 2020 a strategic plan began taking shape from UGA Law Library, in support of the emerging strategic plans from the School of Law and the University of Georgia. This five year plan states that, "The Law Library’s overall objective is to support the Law School’s strategic goals by providing exceptional instruction, research, resources, and data analytics. The Law Library supports the University and the Law School in achieving all three strategic directions for the 2020 – 2025 fiscal years."


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2021

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


E-Legal Criminal Research, Thomas J. Striepe, Anne Burnett Feb 2021

E-Legal Criminal Research, Thomas J. Striepe, Anne Burnett

Presentations

No abstract provided.


Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2021

Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Georgia Legal Research, Amy Taylor Jan 2021

Georgia Legal Research, Amy Taylor

Books

This open source textbook authored by Amy Taylor was designed to provide University of Georgia School of Law students with a comprehensive guide to Georgia legal research. Using this text in combination with appropriate assignments, student objectives include the ability to select, evaluate, and use appropriate legal research tools with an emphasis on cost-effective research and proficiency in the following topics:

  • Developing an efficient and cost effective research strategy
  • Advanced searching skills in legal research databases
  • Case law, including docket research, court rules, and verdicts & settlements
  • Statutory law, including legislative materials and legislative history
  • Administrative regulations, rules, and related …


Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2021

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu Jan 2021

Ecological And Holistic Analysis Of The Epistemic Value Of Law Libraries, Paul D. Callister, Dana Neacsu

Law Faculty Publications

We examine the libraries' roles within the "epistemic foundation of society.” Our analysis is in response to the omission of Yale Law Dean Gerken of the role of libraries in her recent article about legal education's new focus and to remarks by AALS President Vicki Jackson that suggest an uncertain role for libraries. We have adapted holistic ecological media theory, as developed by Ronald Deibert, to reject a technologically deterministic view of libraries as having no future. We have considered the role of law libraries in the social epistemology or cognitive authority of the legal community, the role of law …


Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman Jan 2021

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …


Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner Jan 2021

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …