Legal Writing and Research Commons^™

Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

For Judith S. Kaye, Susan N. Herman

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

Reflections On Opportunity In Life And Law, Judith S. Kaye

Brooklyn Law Review

This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.

A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

All Faculty Scholarship

No abstract provided.

Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood

University of Baltimore Law Review

Imagine that you are an attorney, litigating an appellate case with an atypical fact pattern. You are familiar with the law; however, its application to your client's circumstances is entirely unclear. After endless hours of research, you finally find it: a factually apposite case with a favorable outcome. Elated, you grab your legal pad to scribble down the case citation. But then you see it-that dreaded text at the top of the opinion: "NOT SELECTED FOR PUBLICATION." This is an unpublished opinion. Perturbed and exhausted, your mind starts racing: "What's that rule again? Can I use this? I think that …

Open Letter On Ethical Norms In Intellectual Property Scholarship, Robin Feldman, Mark A. Lemley, Jonathan Masur, Arti K. Rai

Faculty Scholarship

As scholars who write in intellectual property (“IP”), we write this letter with aspirations of reaching the highest ethical norms possible for our field. In particular, we have noted an influx of large contributions from corporate and private actors who have an economic stake in ongoing policy debates in the field. Some dollars come with strings attached, such as the ability to see or approve academic work prior to publication or limitations on the release of data. IP scholars who are also engaged in practice or advocacy must struggle to keep their academic and advocacy roles separate.

Our goal is …

Understanding Validity In Empirical Legal Research: The Case For Methodological Pluralism In Assessing The Impact Of Science In Court, Teneille R. Brown, James Tabery, Lisa G. Aspinwall

Utah Law Faculty Scholarship

What makes a study valid or invalid? In 2013, the Hastings Law Journal published a law review article by law professor Deborah Denno entitled What Real-World Cases Tell Us About Genetic Evidence. This article questioned the validity of an article that we published in Science: The Double Edged-Sword: Does Biomechanism Increase or Decrease Judges’ Sentencing of Psychopaths? Denno’s trenchant critique focused on our use of experimental, rather than archival, methodology, and revealed a misunderstanding of the diverse goals of empirical legal research. One study, which in our case investigated the impact of biological explanations of criminal behavior on sentencing, is …

Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn

Belmont Law Review

A transcript of the address at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."

Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby

Belmont Law Review

A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.

Shepard Broad College Of Law Legal Research And Writing 2016, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone

Scholarly Works

Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …

Opinion & Dissent: Magic Words, Lori D. Johnson

Scholarly Works

No abstract provided.

Writing Specialist As Rescue Club, Joan W. Howarth

Scholarly Works

In this column in The Second Draft, a biennial online publication of the Legal Writing Institute featuring essays, book reviews, and shorter articles of interest to legal writing professionals, Professor Joan Howarth discusses the importance of her Writing Specialist, a key member of her faculty while Dean of Michigan State School of Law.

Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger

Scholarly Works

An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”

My …

“Law &” Meets “Law As”, Linda L. Berger

Scholarly Works

Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.

Research Instruction And Resources In The Transactional Skills Classroom: Approaches To Incorporating Research Instruction Into Transactional Skills Courses, Lori D. Johnson, Jeanne Price, Eric H. Franklin

Scholarly Works

Professors Lori Johnson, Jeanne Price, and Eric Franklin discuss methods of teaching legal research skills in the context of a transactional law class.

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …

Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley

Scholarly Works

Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …