Legal Writing and Research Commons^™

Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito

Michigan Business & Entrepreneurial Law Review

Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz

Michigan Journal of Environmental & Administrative Law

International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries.

Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it …

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.

Of Plain English And Plain Meaning, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Faculty Scholarship

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …

Justice Davide Souter And His Care For First Amendment Freedoms, David Hudson

Law Faculty Scholarship

Justice David Souter left a remarkable legacy during his time on the U.S. Supreme Court. Nowhere was this more evident than in his sensitivity and solicitude for First Amendment freedoms. This essay examines Justice Souter’s First Amendment legacy primarily through his jurisprudence in three areas: (1) the secondary effects doctrine; (2) public employee free-speech cases; and (3) Establishment Clause opinions.

Series Llcs Part 1 — Current Status, Multi-State Issues And Potential Uniform Limited Liability Company Protected Series Act, Alberto R. Gonzales, J. Leigh Griffith

Law Faculty Scholarship

The Series Limited Liability Company (“Series LLC”), a variation of the traditional limited liability company (LLC), is the newest entity enterprise on the business scene today. Within this legal entity, separate “series” or “cells” can be created and established under the umbrella of a single LLC. Despite being under one “umbrella,” each of these cells has characteristics that make it both separate from one another as well as from the Series LLC itself. There is not yet a common term for these distinct units although the term series or cell is often used. The Drafting Committee for the Limited Liability …

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Library Staff Publications

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler

Faculty Scholarship

The number of empirical legal studies published by academic journals is on the rise. Given theory’s dominance over the last few decades, this is a welcome development. This movement, however, has been plagued by a lack of rigor and a failure of editors to require disclosure of data and procedures that allow for easy replication of published results. Law journals, the editorial boards of which are manned solely by law students, might face the toughest hurdles in ensuring publication of only high quality empirical studies and in implementing and enforcing disclosure policies. While scholars in other fields including economics, psychology, …

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …

Law Library Blog (September 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.

Newsroom: Rwu Law Adds Skills Programs And Faculty 8/15/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: Rwu Law Continues To Add Skills Programs And Faculty 08/12/2016, Michael Yelnosky

Law School Blogs

No abstract provided.

W&L Law Library Annual Report 2015-2016, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

The Future Of Law Libraries, Tina M. Brooks, Franklin L. Runge, Beau Steenken

Law Faculty Popular Media

Law libraries are filed with the rules that govern our society, thoughtful scholars, conscientious lawyers, some hard working students, and some procrastinating students. In the past, this required libraries to collect hardbound volumes and loose leafs. Today, the collection is beginning to give way to research platforms filed with those same, or similar, materials and then some; much of the primary legal documentation is even freely available on the web.

While the physical footprint of the library may be smaller as a result of this transition, the amount of legal information that researchers have access to has grown exponentially. We …