Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing,
2013
Dalhousie University Schulich School of Law
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Articles, Book Chapters, & Popular Press
In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …
Pointing Out The Power Of Prezi, Part I: Why Consider Prezi,
2013
University of Richmond
Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch
Law Faculty Publications
This article introduces Prezi, the online presentation software which has emerged as a most promising alternative to Microsoft PowerPoint. Part I offers a basic description of Prezi, points out widely perceived shortcomings of PowerPoint, and considers whether Prezi can remedy them.
The Teaching Of Procedure Across Common Law Systems,
2013
Duke Law School
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Faculty Scholarship
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …
Issues And Trends In Collection Development For East Asia Legal Materials,
2013
Duke Law School
Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Alex Zhang, Keiko Okuhara, Evelyn Ma
Faculty Scholarship
The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.
Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History,
2013
Barry University School of Law
Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History, Elizabeth Berenguer Megale
Barry Law Review
No abstract provided.
The Promise Of Parentheticals: An Empirical Study Of The Use Of Parentheticals In Federal Appellate Briefs,
2013
University of Kentucky Rosenberg College of Law
The Promise Of Parentheticals: An Empirical Study Of The Use Of Parentheticals In Federal Appellate Briefs, Michael D. Murray
Law Faculty Scholarly Articles
This article on current trends in briefing reports an empirical study of the use of parentheticals in federal appellate court briefs submitted between February 1, 2011, and July 31, 2011. The study was designed to answer this question: How are parentheticals currently used for rhetorical purposes in appellate briefs to explain a synthesis of authorities? My hypothesis entering the study was that parentheticals currently are used beyond a simple informational function in citation forms for four rhetorical purposes: (1) to quote and highlight portions of authorities ("quotation" function), (2) to explain and illustrate the principles induced from a synthesis of …
Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education, David Mcclure
Scholarly Works
Law libraries should play a greater role in addressing the current crisis in legal education. Proponents for educational reform often view libraries as a vehicle for cost savings, while overlooking the ability of libraries to train students in the skills and competencies that are essential for the practice of law. Libraries’ research assistant programs can be particularly effective in imparting workplace values and lawyering skills beyond the traditional law school curriculum. This article encourages libraries to build on the strengths of their research assistant programs as a substantive way to equip law students with essential skills for today’s legal marketplace.
Metaphor And Analogy: The Sun And Moon Of Legal Persuasion,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Metaphor And Analogy: The Sun And Moon Of Legal Persuasion, Linda L. Berger
Scholarly Works
Drawing on recent studies of social cognition, decision making, and analogical processing, this article recommends that lawyers turn to novel characterizations and metaphors to solve a particular kind of persuasion problem that is created by the way judges and juries think and decide. According to social cognition researchers, we perceive and interpret new information by following a process of schematic cognition, analogizing the new data we encounter to the knowledge structures embedded in our memories. Decision-making researchers differentiate between intuitive and reflective processes (System 1 and System 2), and they agree that in System 1 decision making, only the most …
Legal Writing: A Doctrinal Course,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Legal Writing: A Doctrinal Course, Linda H. Edwards
Scholarly Works
Legal writing instruction in American law schools has come a long way. Although scattered experiential courses and co-curricular activities have existed since legal education moved into a university setting, the modern era of skills education began in the 1950s and 1960s, with the creation of live-client clinics at many law schools. Early legal writing programs soon followed, moving into the main stream of curricular reform during the 1980s and 1990s. As these new courses and new instructors moved into the academy, the language of legal education naturally changed. Law faculties found themselves wanting to describe these new additions to the …
Grades Matter; Legal Writing Grades Matter Most,
2013
Georgetown University Law Center / George Washington University Law Center
Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark
Georgetown Law Faculty Publications and Other Works
In this study of 380 students in a law school’s 2011 graduating class, the data demonstrates a strong correlation between high performance in legal writing courses and high performance in non-legal writing courses. There is also a strong correlation at the opposite end: low performers in legal writing courses are low performers in non-legal writing courses. This article provides the hard data to support the significance of writing skills by demonstrating the correlation between performance in legal writing courses and performance in other law school courses by comparing grades and Grade Point Averages (GPAs). Of course grades and GPA data …
The Case For Curation: The Relevance Of Digest And Citator Results In Westlaw And Lexis,
2013
University of Colorado Law School
The Case For Curation: The Relevance Of Digest And Citator Results In Westlaw And Lexis, Susan Nevelow Mart
Publications
Humans and machines are both involved in the creation of legal research resources. For legal information retrieval systems, the human-curated finding aid is being overtaken by the computer algorithm. But human-curated finding aids still exist. One of them is the West Key Number system. The Key Number system’s headnote classification of case law, started back in the nineteenth century, was and is the creation of humans. The retrospective headnote classification of the cases in Lexis’s case databases, started in 1999, was created primarily - although not exclusively - with computer algorithms. So how do these two very different systems deal …
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions,
2013
University of Colorado Law School
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
Publications
No abstract provided.
Bitten By The Reading Bug,
2013
University of Washington School of Law
Bitten By The Reading Bug, Mary Whisner
Librarians' Articles
Is reading books about law helpful to law librarians? Ms. Whisner discusses why and what she likes to read, and makes recommendations about books others might find interesting.
Other Uses Of Legislative History,
2013
University of Washington School of Law
Other Uses Of Legislative History, Mary Whisner
Librarians' Articles
Although we usually think of using legislative history to determine legislative intent when interpreting statutes, Ms. Whisner shows that legislative documents can be useful for other, less controversial purposes as well.
Libraries Can Help: Institutional Repositories,
2013
Florida A&M University College of Law
Libraries Can Help: Institutional Repositories, Yolanda P. Jones
Journal Publications
Law libraries can assist law journals beyond citation help, Westlaw and Lexis training, and gathering resources; law libraries can help with resource discovery and publication-process analysis. Specifically, libraries can guide law journals in implementing, maintaining, and expanding publication technologies through institutional repositories to stay current in this digital age.
Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum,
2013
University of Missouri - Kansas City, School of Law
Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum, Barbara Glesner Fines
Faculty Works
No abstract provided.
The Rhetoric Of Email In Law Practice,
2013
Georgetown University Law Center
The Rhetoric Of Email In Law Practice, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
This article responds to and appears alongside an article by Professor Kirsten Davis in the December 2013 issue of the Oregon Law Review. An interesting debate has arisen among legal writing faculty with respect to the primary form of communication today between attorneys, and between attorneys and clients. Although most legal writing faculty agree that teaching traditional memoranda continues to have pedagogical benefits for first-year students, there is disagreement on how to conceptualize and teach the use of email memoranda in law practice. Professor Davis argues that to think of and label “email memoranda” as something different from traditional memoranda …
Playing To The Audience,
2013
American University Washington College of Law
Playing To The Audience, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Cognitive Conflicts And The Making Of International Law: From Empirical Concord To Conceptual Discord In Legal Scholarship,
2013
University of Manchester
Cognitive Conflicts And The Making Of International Law: From Empirical Concord To Conceptual Discord In Legal Scholarship, Jean D'Aspremont
Vanderbilt Journal of Transnational Law
The international legal scholarship, in its quest for a paradigm able to apprehend international norm-generating processes qualifying as lawmaking, has been oscillating between static approaches and dynamic approaches. The former are based on the author of the norm (subjecthood) or its formal origin (pedigree) whilst the latter (e.g., participation) try to capture and explain the intricate and multidimensional fluxes between the authors of the norms and the norms themselves (impact or dynamic pedigree). International legal scholars have thus been resorting to various and diverging paradigms to make sense of international lawmaking. All of these approaches will be described in further …
Not-So-Open Access To Legal Scholarship: Balancing Stakeholder Interests With Copyright Principles,
2013
University of Richmond
Not-So-Open Access To Legal Scholarship: Balancing Stakeholder Interests With Copyright Principles, Christopher J. Ryan Jr.
Richmond Journal of Law & Technology
Last February, John P. Holdren, director of the White House Office of Science and Technology Policy, issued a new policy designed to increase open access to federally-financed research. The memorandum, covering federal agencies with annual expenditures in excess of $100 million for scientific research and development, requires, inter alia, that: (1) agencies develop “clear and coordinated policies” to make federally- funded studies freely available to the public within one year of publication, and (2) researchers account for and manage the digital data resulting from federally-funded scientific research. In addition, the policy requires data from publicly-funded research to be stored for …
