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Legal Writing Scholarship, Making Strange, And The Aesthetics Of Legal Rhetoric, Jack L. Sammons 2010 Mercer University School of Law

Legal Writing Scholarship, Making Strange, And The Aesthetics Of Legal Rhetoric, Jack L. Sammons

Mercer Law Review

Some of the central issues addressed at the 2009 Mercer Law Review Symposium "Celebrating the 25th Anniversary of the Founding of the Legal Writing Institute" involved questions about the scholarship potential of the discipline of legal writing. Those on the fringe of the academy, as legal writing professors are now and as clinicians were in the 1960s, often offer the clearest perspective on it, and in the case of the legal academy, on the practice itself. What scholarship, I wondered as I listened to the speakers, would best take advantage of this privileged perspective and of legal writing's necessary focus …


Digitizing The World's Laws, Claire M. Germain 2010 Cornell Law School

Digitizing The World's Laws, Claire M. Germain

Cornell Law Faculty Working Papers

Where does one find the foreign investment laws of Botswana? What about the copyright law of the Netherlands, the corporation laws of Japan, or the English translation of the Egyptian Civil Code? Already back in 1991, just before the internet, Wallace Baker remarked that “foreign law has become the daily bread of lawyers everywhere who formally had totally domestic practices.” Since then, the need to access the content of foreign law has increased exponentially. The importance of global access to foreign laws on the internet and how to improve it was recently highlighted at an international Meeting of Experts on …


Making A Case For Legal Writing Instruction … Worldwide, Diane Edelman 2010 Villanova University School of Law

Making A Case For Legal Writing Instruction … Worldwide, Diane Edelman

Working Paper Series

This article discusses the merits of teaching legal analysis and writing and of developing a legal writing program at a faculty of law, and recommends that law faculties around the world incorporate this subject. Once absent from the American law school curriculum, this subject has become a required subject in all American law schools over the past 25+ years. The article suggests steps for implementing a legal writing course or program, and offers a variety of resources for doing so.


How To Use A Tube Top And A Dress Code To Demystify The Predictive Writing Process And Build A Framework Of Hope During The First Weeks Of Class, Camille Lamar 2010 Nova Southeastern University - Shepard Broad Law Center

How To Use A Tube Top And A Dress Code To Demystify The Predictive Writing Process And Build A Framework Of Hope During The First Weeks Of Class, Camille Lamar

Faculty Scholarship

No abstract provided.


A Tale Of One Cali Lesson: Librarians Share A New Approach, Terrance K. Manion, Ronald E. Wheeler 2010 Georgia State University College of Law

A Tale Of One Cali Lesson: Librarians Share A New Approach, Terrance K. Manion, Ronald E. Wheeler

Faculty Publications By Year

No abstract provided.


Acknowledging Our Roots: Setting The Stage For The Legal Writing Institute, Karin M. Mika 2010 Cleveland State University

Acknowledging Our Roots: Setting The Stage For The Legal Writing Institute, Karin M. Mika

Law Faculty Articles and Essays

This article discusses the history and development of legal writing courses and the Legal Writing Institute.


The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung 2010 University of Arkansas Little Rock

The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung

The Journal of Appellate Practice and Process

No abstract provided.


How Courts Use Wikipedia, Joseph L. Gerken 2010 University of Arkansas Little Rock

How Courts Use Wikipedia, Joseph L. Gerken

The Journal of Appellate Practice and Process

No abstract provided.


Changing Fashions In Advocacy: 100 Years Of Brief-Writing Advice, Helen A. Anderson 2010 University of Arkansas Little Rock

Changing Fashions In Advocacy: 100 Years Of Brief-Writing Advice, Helen A. Anderson

The Journal of Appellate Practice and Process

No abstract provided.


Book Review: Unified Business Laws For Africa: Common Law Perspectives On Ohada, Duncan E. Alford 2010 University of South Carolina - Columbia

Book Review: Unified Business Laws For Africa: Common Law Perspectives On Ohada, Duncan E. Alford

Faculty Publications

No abstract provided.


A Portrait Of The Internet As A Young Man, Ann Bartow 2010 University of South Carolina School of Law

A Portrait Of The Internet As A Young Man, Ann Bartow

Michigan Law Review

In brief, the core theory of Jonathan Zittrain's 2008 book The Future of the Internet-And How to Stop It is this: good laws, norms, and code are needed to regulate the Internet, to prevent bad laws, norms, and code from compromising its creative capabilities and fettering its fecund flexibility. A far snarkier if less alliterative summary would be "We have to regulate the Internet to preserve its open, unregulated nature." Zittrain posits that either a substantive series of unfortunate Internet events or one catastrophic one will motivate governments to try to regulate cyberspace in a way that promotes maximum stability, …


When Enough Isn't Enough: Qualitative And Quantitative Assessments Of Adequate Education In State Constitutions By State Supreme Courts, Amy L. Moore 2010 Belmont University - College of Law

When Enough Isn't Enough: Qualitative And Quantitative Assessments Of Adequate Education In State Constitutions By State Supreme Courts, Amy L. Moore

Law Faculty Scholarship

This article facilitates the education debate by directing the question of what having an adequate education means, and how state supreme courts are grappling with the issue. This article uses a study of case law from state supreme courts analyzing state constitutional requirements for education. Three themes emerge from this study of case law: state supreme courts are dealing with a choice between judicial restraint and interference; courts struggle with how much to consider funding as opposed to other issues; and courts are trying to define adequacy claims within the context of equity claims.


Brokering Education: A Study Of Charter Receipt, Renewal, And Revocation In Louisiana's Charter Schools, Amy L. Moore 2010 Belmont University - College of Law

Brokering Education: A Study Of Charter Receipt, Renewal, And Revocation In Louisiana's Charter Schools, Amy L. Moore

Law Faculty Scholarship

The most fundamental part of a charter school is its charter, its governing document. This article traces the history of Louisiana's charter system from its inception and walks through the legal process of obtaining and retaining a charter and what happens to cause a charter to be revoked. Louisiana provides for five types of charters via statute that have different avenues of funding and different legal requirements from the state. Louisiana provides an excellent case study for the process of chartering because of the recent boom of charter schools in the area; there are lessons to be learned both in …


A Synergistic Pedagogical Approach To First-Year Teaching, Jamie Abrams 2010 American University Washington College of Law

A Synergistic Pedagogical Approach To First-Year Teaching, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

The First “Colonial Frontier” Legal Writing Conference, held at Duquesne University School of Law, focused on Engendering Hope in the Legal Writing Classroom: Pedagogy, Curriculum, and Attitude. This conference built on the foundational work of Allison Martin and Kevin Rand in which these scholars call for educators to engender hope in law students to prepare them for practice. Martin and Rand conclude that hope is a predictor of students’ academic performance and psychological health during the first semester of law school and recommend that law professors “maintain and creat[e] hope in law students” by embracing five core principles. Martin and …


The Future Of Books Related To The Law?, Eugene Volokh 2010 UCLA School of Law

The Future Of Books Related To The Law?, Eugene Volokh

Michigan Law Review

People have been reading books for over 500 years, in more or less the same format. Book technology has changed in some measure during that time. Fonts have become more readable. Books have become more affordable. Still, the general form of the book has remained much the same. But the arrival of e-readers, such as the Kindle and the Sony eBook, offers the possibility of a major change. First, people may shift to reading existing books on those e-readers. Second, the shift may lead them to change the way they use books, for instance by letting people have many reference …


Rationalism In Regulation, Christopher C. DeMuth, Douglas H. Ginsburg 2010 American Enterprise Institute for Public Policy Research

Rationalism In Regulation, Christopher C. Demuth, Douglas H. Ginsburg

Michigan Law Review

Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health, by Richard L. Revesz and Michael A. Livermore, aims to convince those who favor more government regulation-in particular environmental groups-that they should embrace cost-benefit analysis and turn it to their purposes. Coauthored by a prominent law school dean and a recent student with a background in environmental advocacy, the book is a jarring combination of roundhouse political polemics and careful academic argument. Sweeping pronouncements are followed by qualifications that leave the sweep of the pronouncements in doubt- rather like the give-and-take of the law school classroom …


Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag 2010 University of Colorado

Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag

Michigan Law Review

By all external appearances, Nudge is a single book-two covers, a single spine, one title. But put these deceptive appearances aside, read the thing, and you will actually find two books-Book One and Book Two. Book One begins with the behavioral economist's view that sometimes individuals are not the best judges of their own welfare. Indeed, given the propensity of human beings for cognitive errors (e.g., the availability bias) and the complexity of decisions that need to be made (e.g., choosing prescription plans), individuals often make mistakes. Enter here the idea of the nudge-the deliberate effort to channel people into …


Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith 2010 Hofstra University

Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith

Michigan Law Review

The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …


Can Criminal Law Be Controlled?, Darryl K. Brown 2010 University of Virginia Law School

Can Criminal Law Be Controlled?, Darryl K. Brown

Michigan Law Review

It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …


Why Care About Mass Incarceration?, James Forman Jr. 2010 Georgetown University Law Center

Why Care About Mass Incarceration?, James Forman Jr.

Michigan Law Review

Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more people, and for longer, than anyone else in the world. We continue to use the death penalty long after Europe abandoned it, we are the only country in the world to lock up juveniles for life, and we have prisoners serving fifty-year sentences for stealing videotapes from Kmart. Our courts offer little relief: the German Constitutional Court prohibits a sentence of life …


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