Legal Writing and Research Commons^™

A Gendered Right To Counsel?, Maureen Carroll

Reviews

The civil and criminal justice systems are built on an adversarial model, but only in the criminal sphere does the defendant possess a constitutional right to representation at public expense. As a result, while representation is the default in criminal cases, more than three quarters of civil cases involve an unrepresented party.That disconnect flows from the Supreme Court’s decisions in Gideon v. Wainwright and Lassiter v. Department of Social Services. Gideon held that the Constitution guarantees a right to counsel for a defendant facing imprisonment for a criminal offense, regardless of the nature of the crime or the length of …

Eleven Observations About Legal Writing, Douglas E. Abrams

Faculty Publications

This Article collects 11 observations about legal writing that I have shared with law students since I began teaching in the late 1970s.

Law Students, Covid-19, And Big Feelings, Olivia Smith Schlinck

Library Staff Online Writings

It’s Fall 2021 and well . . . we’re back. Or rather – some of us are. Along with a patchwork of universities requiring vaccinations and/or masks for students comes a patchwork of modes of instruction: fully online, hybrid, fully in-person (and subject to change). Some employees have shifted to occasional work-from-home models while others are required to be in-person every day. It’s all very complicated. Honestly, right now everything is complicated. With big, complicated situations come big, complicated feelings, and our students’ feelings are certainly that: big.

Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

What Counts As Data?, Anya Bernstein

Faculty Scholarship

Legal corpus linguistics usually does something a little different. It uses datasets of language that has nothing to do with the law-articles, novels, TV shows, and so on.12 From these, it

draws conclusions about how people ought to understand language that is used in the law.13 So legal corpus linguistics takes some words used in a statute and tracks how they appear in settings that differ in genre, register, situation, and participants from that of a statute. Then, having assessed how those words are used in those nonstatutory situations, it proposes that we should understand the statutory use of those …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Faculty Scholarship

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Table Of Contents & Masthead, Zachary R. Carstens

Pepperdine Law Review

No abstract provided.

Noise Pollution, Patrick Barry

Law & Economics Working Papers

The authors of Noise: A Flaw in Human Judgment are a trio of intellectual heavy hitters: Nobel-prize winner Daniel Kahneman, constitutional law scholar Cass Sunstein, and former McKinsey consultant (and current management professor) Olivier Sibony. As prolific as they are prominent, the three of them have collectively produced over fifty books and hundreds of articles, including some of the most cited research in social science. If academic publishing ever becomes an Olympic sport, they’ll be prime medal contenders, particularly if they get to compete as a team or on a relay. Their combined coverage of law, economics, psychology, medicine, education, …

Law Library Blog (August 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Democracy Requires Good Law Libraries – With Books, Franklin L. Runge

Library Scholarship

In this brief commentary, the author argues for the continued presence of a print collection in law libraries because (1) law libraries serve as a fail-safe for democracy, (2) inexperienced researchers achieve a greater understanding of how primary law is produced when exposed to print materials, and (3) there is still a high demand for print materials in scholarly endeavors.

From The Courtroom To The Boardroom: Transactional Oral Advocacy, Adam N. Eckart

Suffolk University Law School Faculty Works

Legal writing courses often teach oral advocacy skills with courtroom-based oral arguments, pitting plaintiff’s counsel against defendant’s counsel. However, oral advocacy skills are important for all lawyers – even those who never set foot in a courtroom. This article discusses how legal writing courses can develop oral advocacy skills by pairing traditional litigation-based oral argument exercises with transactional-based oral advocacy exercises and provides a sample exercise (which has received positive feedback from students) that professors can use to introduce transactional-based oral advocacy skills.

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Foreword: From Personal Life To Private Law: The Jurisprudence Of John Gardner, Scott Hershovitz

Other Publications

John Gardner was a great philosopher. He was appointed as the Professor of Jurisprudence at Oxford when he was still quite junior in the profession. It was a big job. Ronald Dworkin held the post before Gardner, and H.L.A. Hart before him. Gardner delivered on his promise. He had wide-ranging interests. He wrote about jurisprudence, criminal law, and tort law. His pushed those fields forward—and others too. Gardner’s scholarship was incisive, creative, rigorous, generous, and witty. He had a knack for illuminating law and life too. In recent years, Gardner published two books that tackled tort law: From Personal Life …

Feminism’S Transformation Of Legal Education And Unfinished Agenda, Jamie Abrams

Contributions to Books

Feminism has had a broad influence in legal education. Feminist critiques have challenged the substance of legal rules, the methods of law teaching, and the culture of legal education. Following decades of advocacy, feminist pedagogical reforms have generated new fields, new courses, new laws, new leaders, and new feminist spaces. There are many reasons to celebrate the accomplishments of our feminist pioneers and champions. Yet, COVID-19 has also exposed all the vulnerabilities and tenuousness of feminist gains too. Critical work remains for faculty, administrators, and students to carry the work forward with a vigilant purpose and determination.

Researching Marijuana Law, Seth Quidachay-Swan

Law Librarian Scholarship

This article provides a brief overview of the current legal framework governing the regulation of marijuana at the federal and state levels in the United States. It also provides an overview of the state of Michigan’s current regulatory framework and resources for attorneys interested in learning more about marijuana regulation.

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Signs Of Ghost Appearance In Short Stories In Bataviaasch Nieuwsblad (1936-1939): Semiotic Analisys, Rufaida Rufaida, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018-2019 the production of the Indonesian ghost story is much in demand and favored, even in 2020 the ghost content on YouTube is still lively and salable in the Indonesian market. The existence of ghosts cannot be separated from the daily lives of Indonesians.The author is interested in exploring further how the signs of the emergence of a ghostly figure believed by the people in the colonial era. This study uses a descriptive qualitative method with an approach using the analysis of language semiotics from the perspective of Charles Sanders Peirce's semiotics theory. 5 ghost stories published by the …

Adopting Doi In Legal Citation: A Roadmap For The Legal Academy, Valeri Craigle

Utah Law Faculty Scholarship

A Digital Object Identifier (DOI) is a unique string of numbers, letters, and symbols used to identify web-based information assets such as articles, multimedia items, and datasets. A digital object minted with a DOI will be persistently discoverable through this identifier, as long as it lives on the Web.

DOIs are already ubiquitous in citations in the medical and scientific literature, primarily because the discovery of, access to, and linkages between the scholarship in these disciplines happens almost exclusively online. As is true with most content on the web, scholarly content in the sciences is published on multiple platforms and …