Legal Writing and Research Commons^™

Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer

Faculty Works

In predictive legal writing, credibility is not inferred from conclusions alone. It is constructed sentence by sentence. Analytic correctness is necessary, but it is not sufficient. Supervising attorneys read prose as evidence of intellectual control, treating disciplined style as proof of substantive mastery. Yet legal writing scholarship has largely framed clarity as a matter of pedagogy or professionalism rather than as a structural theory of ethos.

This article reframes predictive writing as institutional rhetoric. Within the hierarchical environment of law practice, cognitive fluency governs professional trust: writing that is easy to process yet disciplined in reasoning reads as competence. Drawing …

Arthur Abel Memorial Competition Writing Award, Notre Dame Law Review

Student, Faculty, and Staff Awards

Each spring, the Notre Dame Law Review accepts entries for the annual Arthur Abel Memorial Writing Competition. Arthur Abel was a 1985 graduate (see page 26) of the Law School, serving on both the Notre Dame Law Review (Note, 60 Notre Dame L. Rev. 1187 (1985)) and the Journal of Legislation (Note, 11 J. Legis. 317 (1984)). After several years in private practice, Arthur served as Assistant General Counsel at the Equal Employment Opportunity Commission. A tireless attorney possessed of a keen intellect and a wonderful sense of humor, Arthur achieved much success in a short period of time. …

Ensuring Rich Rigor Of Qualitative Methodologies In Behavior Analytic Research, Daria K. Lorio-Barsten, Selena J. Layden

Human Movement Studies & Special Education Faculty Publications

Quantitative methods remain the hallmark of research in applied behavior analysis. Yet, such methods frequently fail to capture the nuances of context where behavior analysis is practiced. Therefore, qualitative methods can provide complementary means to gain deeper insight into changes in socially significant behavior. We believe that researchers within the field of behavior analysis have much to gain from embracing qualitative methodologies. We propose that more researchers can and should consider conducting rigorous qualitative research to elevate the voices of the participants and relate the depth and complexities of their nuanced experiences. This article discusses Tracy’s “big tent” quality criteria …

Eulogy For Daniel Subotnik דניאל עזרא בן אליעזר ואהובה Died–March 8 / 29 Adar 1, 57, Rabbi Wayne Franklin

Touro Law Review

No abstract provided.

Dan Subotnik—Three Encounters And One Strong Memory, Honorable Robert S. French

Touro Law Review

No abstract provided.

Son Of Orwell, Chesterton, And Mill, Stephen B. Presser

Touro Law Review

No abstract provided.

Submission Of Michael B. Mukasey, Honorable Michael B. Mukasey

Touro Law Review

No abstract provided.

Dan Subotnik Tribute, Dr. Patricia Baia

Touro Law Review

No abstract provided.

Professor Dan Subotnik, Nancy Fox

Touro Law Review

No abstract provided.

Send In The Fashion Police!!!, Martin D. Goodman, Miriam Goodman

Touro Law Review

No abstract provided.

Dan Subotnik: Life-Long Teacher And Mentor, Rena Subotnik

Touro Law Review

No abstract provided.

A Letter To My Father-In-Law, Dan Subotnik, Dina Leytes

Touro Law Review

No abstract provided.

In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz

Touro Law Review

No abstract provided.

Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik

Touro Law Review

No abstract provided.

The Once And Future Scholar: A Love Letter To Dan Subotnik, Rose Rosengard Subotnik

Touro Law Review

No abstract provided.

Masthead

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Ain’T Nothing Like The Real Thing: How Legal Research Programs Can Provide The Needed Safety Rails For Pro Se Litigants Using Ai In Litigation, Nicole Belbin

Faculty Scholarship

An estimated 92% of legal needs go unmet in America, leaving a growing number of pro se litigants to “manage their own cause.” Between 2000 and 2019, 27% of all civil cases filed in U.S. District Courts, totaling 1,501,079 cases, had at least one party without attorney representation. The legal profession is abuzz about the potential for generative artificial intelligence (GenAI) tools to “smooth out any mismatch between available resources and urgent needs in our court system”; however, “hallucinations” have quickly proved a limitation to reaching this technology’s full potential. The complexity of legal research and analysis increases the chance …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

De-Skilling Or Re-Skilling? The Case For Smarter Writing Assignments, John Lande

Faculty Publications

This article challenges the assumption that AI inevitably leads to the de-skilling of law students.  Some faculty understandably fear that students will use AI to bypass critical thinking and avoid meaningful effort.  This article reframes AI as a potential catalyst for improving legal education rather than inherently a threat.

Concerns about de-skilling generally are based on the assumption that faculty will not change traditional writing assignments.  This article analyzes why these assignments often fail to help students develop strong analytical and writing skills. These include limited instruction in basic writing skills, poor design, lack of feedback, and faculty inertia in …