Legal Writing and Research Commons^™

Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

I am really happy to be part of this tribute to Paul Verkuil. It may surprise those in the audience to learn that I am bringing some needed diversity to today's proceedings - I am the only other Dutch American on the program! But perhaps my twenty years at the "Administrative Conference" also qualifies me to say a few words about how thrilled I am that we have it back - "ACUS 2.0" we can call it, complete with a website this time- and that Paul is at its helm. And I want to thank Paul for bringing me back …

Mobile Legal Research: Do We Need An App For That?, Roger V. Skalbeck

Law Faculty Publications

A month after the conference, Thomson Reuters launched the WestlawNext iPad app. Current marketing touts mobile access to WestlawNext that is suitable on four major smartphone platforms. At right is a screen shot from the native iPad app as well as WestlawNext in Apple's Safari browser. The iPad app does not let you send documents to your Kindle, and in fact does not let you download or print items directly, as shown in the highlighted screen element in each.

Using this as a starting point, below I suggest arguments for and against using apps for mobile legal research. The focus …

The Durham Statement Two Years Later: Open Access In The Law School Journal Environment, Richard A. Danner, Kelly Leong, Wayne V. Miller

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship, drafted by a group of academic law library directors, was promulgated in February 2009. It calls for two things: (1) open access publication of law school–published journals; and (2) an end to print publication of law journals, coupled with a commitment to keeping the electronic versions available in “stable, open, digital formats.” The two years since the Statement was issued have seen increased publication of law journals in openly available electronic formats, but little movement toward all-electronic publication. This article discusses the issues raised by the Durham Statement, the current state …

Print Or Perish? Authors’ Attitudes Toward Electronic-Only Publication Of Law Journals, Richard A. Danner, Kiril Kolev, Marguerite Most

Faculty Scholarship

An increasing number of U.S. law journals post at least current issues in freely accessible PDF and (in some cases) HTML formats on their web sites. Yet, perhaps without exception, the journals that make their articles freely available on their websites also continue to publish print issues in the face of declining subscription numbers, and law libraries' growing disinterest in collecting and preserving journals in print. As universities reduce staff, freeze open positions, eliminate salary increases, and cut library budgets, why have law schools continued to subsidize print publication of journals that are accessible in electronic formats? Among the reasons …

Rule Synthesis And Explanatory Synthesis: A Socratic Dialogue Between Ireac And Treat, Michael D. Murray

Law Faculty Scholarly Articles

This Article explores the theory and process of explanatory synthesis in comparison to rule synthesis and case-to-case analogical reasoning as a method of demonstrative legal reasoning and analysis and legal rhetoric. The Article takes the form of a Socratic dialogue to discuss the analytical and rhetorical advantages of explanatory synthesis. Explanatory synthesis provides an important option for inductive reasoning and argumentation within the deductive paradigm of legal analysis, and has rhetorical advantages over other forms of analogical reasoning when examined using the tools of modern argument theory and the rhetorical canons of law and economics.

The Cultural Background Of The Legal Imagination, James Boyd White

Book Chapters

I want to speak in this essay about one aspect of the origins of what is often called the law and literature movement in the United States, namely, how it got going. I shall do this by explaining the aims and assumptions of my own early contribution to it in the form of The Legal Imagination (first published in 1973). What I say will thus have some of the features of autobiography, but I hope it will be plain that this story is not really about me but about the state of the culture in which modern law and literature …

Explanatory Synthesis And Rule Synthesis: A Comparative Civil Law And Common Law Analysis, Michael D. Murray

Law Faculty Scholarly Articles

In comparative study of common law and civilian legal analysis, many scholars have noted a convergence in the two systems' use of precedent cases. Although common law legal theory historically has started from a position that judges are fully competent to create law and change the law through their adjudication of cases and the judicial opinions they write, and civilian theory historically has started from a position that judges are not empowered to create and change the law enacted by the legislature but rather are to read and apply the existing law to new cases, the practice of tribunals within …

An Empirical Analysis Of Collaborative Practice, John M. Lande

Faculty Publications

This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research. Finally, it offers suggestions for constructive development of the Collaborative field.

Staff Development On A Shoestring: A How-To-Do-It Manual For Librarians, Christine K. Dulaney

Book Reviews

Staff development frequently underlies a successful implementation of innovative library services and systems. As Marcia Trotta emphasizes in her book, Staff Development on a Shoestring, ongoing staff training and growth is critical to delivering first-rate library services, achieving optimal performance levels, implementing change, and preparing for the future. A program of continuing education is critical for preventing library stagnation and staff burn-out. Employees that are motivated to learn and are given opportunities for personal growth are central to a library which is implementing innovative new services and changing workflows.

Teaching Persuasion And Critical Thinking Using The State Of The Union Address, Claire May

Law Faculty Contributions to Books

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 23, Issue 1, Fall 2010.

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 23, Issue 2, Spring 2011.

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 23, Issue 3, 2011.

Front Matter

St. Thomas Law Review

Front Matter includes the Table of Contents for St. Thomas Law Review Volume 24, Issue 1, Fall 2011.

Does It Matter What We Say About Legal Interpretation?, Karen Petroski

All Faculty Scholarship

Despite a common interest in justifying their scholarly output, legal academics have resisted seeing how their work is molded by the institutional environment in which it is produced, and not just by legal doctrine, ideology, or individual perspectives. This paper presents a case study from this neglected perspective, considering the shape of scholarship on legal interpretation in light of the social conditions of its production. After a brief discussion of the debates over whether scholarship (and which scholarship) matters, the paper explores how such concerns are addressed in various academic accounts of scholars’ textual practices. It then offers some initial …

Confusion Worse Confounded: A Comment On 'Withdrawl Of Clinical Trials Policy By Canadian Research Institute Is A 'Lost Opportunity For Increased Transparency', Jocelyn Downie, Francoise Baylis

Articles, Book Chapters, & Popular Press

According to a recent BMJ article on CIHR's decision to "disappear" its policy on clinical trial registration, "Ian Graham, CIHR's vice president Knowledge Translation and Public Outreach, stated the CIHR policy was removed 'as the overlap [with Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS 2)] will cause confusion and inconsistent application of the requirements.'"

Ironically, this explanation is itself confusing and inconsistent with previous decisions made by CIHR. There are at least three areas in which CIHR policy/guidelines overlapped with TCPS 2 (registration and results disclosure of trials, research involving Aboriginal People, and research involving human pluripotent …

Authenticating Digital Government Information, Timothy L. Coggins

Law Faculty Publications

The quotation above from St. Clair v. Johnny's Oyster & Shrimp, Inc., a 1999 US federal district court case, captures a perception of the trustworthiness of digital information that over ten years later is, in many instances, still uncomfortably close to reality. It raises two important questions with which governments providing online information and users of that information must grapple: Is digital government information reliable and trustworthy? Has the government entity providing digital information online taken the care necessary to ensure its authenticity? This chapter presents a historical perspective of authenticity of government information, provides definitions of significantterms and phrases …

Saving Some Green: Free Resources On Environmental Law, Suzanne B. Corriell

Law Faculty Publications

Environmental legal research often requires examining federal, state, and local laws, in addition to understanding science and technology. While there are many print and subscription-based resources available for a fee, websites also can help you navigate the laws and stay current with environmental news, and legal and scientific developments.

Law/Text/Past, Steven Wilf

Faculty Articles and Papers

How might legal historians read text? What is particular about their modes of reading as opposed to those employed by readers in other disciplines? This essay will analyze the distinctive features of legal texts such as those stemming from the pervasive reliance upon conventions or boilerplate as part of a bricolage construction, the focus upon legitimizing gestures to official authority, and the normative, almost instrumental nature of many legal texts. While other sorts of texts might be more expressive, statutes, for example, always include a sanction. Drawing upon numerous examples, the paper identifies an expansive array of texts, including extra-official …

Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan

Law Faculty Scholarly Articles

The law library can be a major contributing partner to the success of its law school by establishing a digital repository to preserve and promote the institution's intellectual memory. Today's law school repositories have matured to include many more types of materials than simply faculty law review and journal articles. Librarians are ideally poised to capture, organize and preserve their institution's history in this new and powerful showcase.