Legal Writing and Research Commons^™

Debunking The Efficacy Of Standard Contract Boilerplate: Part Iv, David Spratt

Scholarly Articles in Law Reviews & Journals

We have belabored the archaic and prohibited use of "said" as a synonym for "the." But this paragraph needs more work. First, the phrase "irrespective of the fact that" is wordy and could be replaced with the plain language alternative of "even though." Second, "one or more of the parties now is, or may become, a resident of a different state" also could be streamlined. The phrase is easy enough to understand but cut to the chase. Replacing this phrase with "either party now or later resides in a different state" does the trick.

The Limits Of Law And Ai, Ryan Mccarl

University of Cincinnati Law Review

For thirty years, scholars in the field of law and artificial intelligence (AI) have explored the extent to which lawyers and judges can be assisted by computers. This Article describes the medium-term outlook for AI technologies and explains the obstacles to making legal work computable. I argue that while AI-based software is likely to improve legal research and support human decision making, it is unlikely to replace traditional legal work or otherwise transform the practice of law.

Using The “Scholarship As Conversation” Frame To Explain The Importance Of Inclusive Citation, Olivia Smith Schlinck

Library Staff Online Writings

It’s been nearly two years since the largest civil rights movement – the protests stemming from the murder of George Floyd by a police officer – swept the United States. That means it has also been nearly two years since law schools across the country released statements and created taskforces and enacted initiatives to inject principles of diversity, equity, and inclusion (DEI) into the school halls.

If You Draw It, Students Learn It: An Approach To Teaching Contracts And Other Doctrinal Courses, Paul Figueroa

Journal of Legal Education

No abstract provided.

The Medium Is The Message: A Summer Book Club On Abolition, Sarah J. Schendel

Suffolk University Law School Faculty Works

This past summer, together with six law students and a fellow law professor, I participated in a small, informal book club around Mariame Kaba’s essential collection of pieces on prison and police abolition, We Do This 'Til We Free Us. Kaba’s probing, thoughtful critiques address privacy, civil liberties and surveillance; the limitations of “justice” within our current system; and the adultification of Black children, an issue with serious impact on family, education, and of course criminal law. Kaba's book is both accessible and deeply challenging; reading it led to powerful conversations about both the issues discussed and the limited way …

On The Academic Librarian Pay Disparity, Olivia Smith Schlinck

Library Staff Online Writings

Last month, I posted to this blog the results of my study comparing the salaries of tenure-track law professors and law librarians who teach required, credit-bearing classes. The reaction was overwhelming; clearly, the proof that law librarians were underpaid – something many librarians had assumed for many years – hit a chord within the profession. Librarians across the country contacted me publicly and privately to express their shock (or lack thereof), their frustration, their personal anecdotes about being underpaid and struggling to make ends meet. Eventually, this culminated in an event hosted by the AALL Research Crits Caucus on Monday, …

Table Of Contents & Masthead, Anne Mccarthy

Pepperdine Law Review

No abstract provided.

Writing By Presidential Example: The First Inaugural Addresses Of Reagan And Obama, Douglas E. Abrams

Faculty Publications

This article is about two recent U.S. presidents who differed from one another in prominent respects. One entered the Oval Office as a staunch Republican; the other entered as a staunch Democrat. One was one of the oldest men ever to serve in the Oval Office; the other was one of the youngest. The pair assumed contrasting positions on the political spectrum.

Despite these differences, however, the pair – Ronald Reagan and Barack Obama – shared an important common denominator. As president, both achieved recognition as “great communicators,” thanks in large part to their speeches marked by dexterity with the …

Roadside Zoo: A Term In Search Of Legal Definition?, Virginia C. Thomas

Library Scholarly Publications

This article uses the example of “roadside zoo” to highlight the importance of clear definition for terms used in a legal context.

Review: The Dialogical Roots Of Deduction: Historical, Cognitive, And Philosophical Perspectives On Reasoning, Brian N. Larson

Faculty Scholarship

The balance of this review addresses matters in the book that should be of particular interest to readers in the legal rhetoric and communication community. First, it addresses some concepts central to Dutilh Novaes’ effort. Second, it surveys the book’s organization, identifying some key observations and conclusions that she supports with careful evidence and argumentation. Third, it addresses Dutilh Novaes’ attention to non-European and non-Western research and logical traditions. Finally, it considers some difficult and technical passages, noting those readers should work through because the payoff is worth it and others I believe readers in our field might skip.

Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Power Of A Good Story: How Narrative Techniques Can Make Transactional Documents More Persuasive, Susan M. Chesler, Karen J. Sneddon

Nevada Law Journal

No abstract provided.

Endogenous And Dangerous, Brian N. Larson

Faculty Scholarship

Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments—endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article’s first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far …

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Pace Law Review

No abstract provided.

The Legal Role In Building Sustainable Public Health Systems- Keynote, Mary Bufwack

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health- Speaker, Joanna Sax, E. Donald Shapiro Professor Of Law

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health, Jessica Mantel Professor And Co-Director

Belmont Health Law Journal

No abstract provided.

The Legal Role In Building Sustainable Public Health: New Payment Models And Delivery Systems, Dakasha Winston Senior Vp & Chief Government Relations Officer, Mark Ison, Beth Swenson Deweese Episodes Of Care Strategy Specialist

Belmont Health Law Journal

No abstract provided.

Why A Sustainable Public Health System Needs Community-Based Integrated Health Teams, Jessica Mantel Professor Of Law And George Butler Research Professor, Jasmine Singh J.D. Candidate

Belmont Health Law Journal

This Article builds upon previous research by describing specific examples of how community-integrated health teams (CIHTs) have supported their community's COVID-19 public health response that were shared with the authors during qualitative interviews with CIHTs. This Article proceeds in three parts, Part I describes the research study we conducted, including who we interviewed, descriptions of the types of CIHTs we included, and the topics about which we inquired. Part II describes how CIHTs can provide assistance to individual patients during a public health crisis. Part III is the system-level counterpart of Part II and describes how CIHTs can leverage their …

If You Can't Stop Them, Protect Them: The Legal Tethers For Bringing Fully Comprehensive Sexual Education Policy To Tennessee, Tess Anderson J.D. Candidate

Belmont Health Law Journal

This Note explores why Tennessee needs a comprehensive sexual education curriculum, how Tennessee can get it, and what should be included in the Curriculum. Part II of this Note provides background on sexual health in the United States. Particularly, this section includes statistics surrounding STDs and teen pregnancy, the current sexual health policy in Tennessee, and examples of different sexual education curriculums currently being used throughout the United States. Part III of this Note analyzes legal tethers that can help attain comprehensive sexual education in Tennessee including the Mature Minor Doctrine, Freedom of Religion, the Fourteenth Amendment Liberty Interest, Title …