Legal Writing and Research Commons^™

Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky

Law School Blogs

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Proquest Regulatory Insight, Pamela C. Brannon

Faculty Publications By Year

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The Pesky Serial Comma, Douglas E. Abrams

Faculty Publications

The "serial comma" - sometimes called the "Oxford comma" or the "Harvard comma"- comes immediately before a conjunction that separates the last of three or more elements in a series. For example, consider the trio "ready, willing, and able." Consider too "win, lose, or draw." The serial comma is the one immediately before the "and" or the "or." In statutes or private arrangements, a comma's presence (or, as in O'Connor, its absence) may hold high stakes for litigants.

Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore

Law Faculty Scholarship

This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, …

Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin

Presentations

Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.

One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize …

Tribal Supreme Court Project: Ten Year Report, Richard Guest

American Indian Law Journal

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References To Spring's Championship Sports In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

t'he courts' own careful use of sports references invites advocates to carefully use sports references in the-i briefs and other written submissions. With the post-season playoffs and the World Series holding sports fans' attention, I wrote in the journal's September-October 2016 issue about the role of baseball references in judicial opinions and written advocacy. As attention turned to post-season playoffs and the Super Bowl, I wrote in the January-February 2017 issue about football references.

The trilogy of articles concludes here with sampling of judges' recent references to four sports that hit high notes every Spring Basketball, with the National Basketball …

Tips For Writing Concisely, Kristin J. Hazelwood

Law Faculty Popular Media

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Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

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Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz

Law School Blogs

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Breaking Bad Briefs, Heidi K. Brown

Faculty Scholarship

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Challenges Of Multi-State Series And Framework For Judicial Analysis, Alberto R. Gonzales, J. Leigh Griffith

Law Faculty Scholarship

A variation of the common limited liability company (LLC) represents the newest form of entity enterprise on the business scene today. This is the Series Limited Liability Company (Series LLC). Under a Series LLC, the single LLC may establish and contain within itself separate series or cells. These cells or series are referred to by the Drafting Committee for the Limited Liability Company Protected Series Act of the National Conference of Commissioners on Uniform State Laws (NCCUSL) as “Protected Series.” Each such separate Protected Series is treated as an enterprise separate from each other and from the Series LLC itself. …

When Tenure Standards Are Wrong, James Grimmelmann

Cornell Law Faculty Publications

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Law Library Blog (April 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Legal Writing And International Students: Reconsidering “Complete Immersion”, Alissa J. Hartig

Applied Linguistics Faculty Publications and Presentations

Before I began my current position, I worked as a writing specialist with multilingual international students in the LL.M. legal writing program at Penn State Law for four years. At the time I started working with law students, I was taking coursework for my Ph.D. in applied linguistics, focusing on second language acquisition and writing. Since I was new to the field of legal education, I tried to get a better sense of what legal writing faculty saw as best practices in working with international students by speaking with faculty, reading articles in law reviews and journals, and attending conferences. …

Foreword: The Books Of Justices, Linda Greenhouse

Michigan Law Review

For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a book-like …

Justice Scalia And The Idea Of Judicial Restraint, John F. Manning

Michigan Law Review

Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .

An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana

Michigan Law Review

Review of Evicted: Poverty and Profit in the American City by Matthew Desmond.

Digging Into The Foundations Of Evidence Law, David H. Kaye

Michigan Law Review

Review of The Psychological Foundations of Evidence Law by Michael J. Saks and Barbara A. Spellman.

Police-Worn Body Cameras: An Antidote To The 'Ferguson Effect'?, Alberto R. Gonzales, Donald Q. Cochran

Law Faculty Scholarship

You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you have developed over years patrolling these same streets, tells you to stop and at least attempt to start a conversation with the group to determine whether criminal activity is afoot and …