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A Writing Life, Linda H. Edwards 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Writing Life, Linda H. Edwards

Scholarly Works

This essay was written on the occasion of the 25th anniversary of the Legal Writing Institute (LWI), celebrated at Mercer University School of Law, LWI’s current home. In a sense the essay is retrospective, for it is written to honor the scholars whose work has moved us toward a vision of legal writing scholarship and all it can offer. Many of those experienced and inspiring scholars have kindly offered their advice for inclusion in this essay. That advice is probably the most important content included here, and it is placed, appropriately, at the end of the text as the ...


Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom as a rhetorical community. Set next to popular depictions of formalism and realism (which live on, despite much criticism), rhetorical alternatives would look at how the law works by exploring the meaning-making process through which the law is constituted as human beings located within particular historical and cultural communities write, read, argue about, and decide legal issues.

Most students recognize the practical benefits of the course in Law & Rhetoric; they conclude that the course helps them become better rhetoricians because they are more aware and adept legal readers and writers, and they believe that better rhetoricians become better lawyers. I think this recognition that better rhetoricians become better lawyers carries with it something ...


Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda L. Berger 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Linda L. Berger

Scholarly Works

This is the transcript of Mercer Law Review’s Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship. In this Symposium Linda Edwards, among other panelists, discussed the work that goes into producing scholarship.


The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price

Scholarly Works

No abstract provided.


Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Terrill Pollman 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Terrill Pollman

Scholarly Works

This is the transcript of Mercer Law Review’s Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship. In this Symposium Linda Edwards, among other panelists, discussed the work that goes into producing scholarship.


The Power Of Priming In Legal Advocacy: Using The Science Of First Impressions To Persuade The Reader, Kathryn M. Stanchi 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Power Of Priming In Legal Advocacy: Using The Science Of First Impressions To Persuade The Reader, Kathryn M. Stanchi

Scholarly Works

The contribution of this Article is the synthesis of legal advocacy and the psychological studies of priming. It shows advocates how priming can help them make better strategic decisions in their briefs and gives specific examples of different ways to use priming in persuasive writing. Part I defines the basic concept of priming and gives examples of different ways that priming works. Part II begins the application of the priming studies to law. The focus of Part II is on priming the reader's emotional response through theme and story. It also examines how emotions can impact decision making in ...


Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon 2010 Georgetown University Law Center

Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon

Georgetown Law Faculty Publications and Other Works

To examine how academic law libraries can respond to the call for more practice-oriented legal education, the authors compared trends in collection management decisions regarding secondary sources at academic and law firm libraries along with law firm librarians’ perceptions of law school legal research training of new associates.


Narrative, Normativity, And Causation, Lawrence B. Solum 2010 Georgetown University Law Center

Narrative, Normativity, And Causation, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay examines the relationship between constitutional narratives, causation, and normativity in the context of Barry Friedman’s book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution. In his book, Friedman provides a grand narrative of American constitutional history that emphasizes the role of public opinion in the development of American constitutional law. That narrative involves both implicit and explicit claims about the causal forces that shape constitutional doctrine and about normative constitutional theory. The aim of this essay is to identify those claims, excavate their theoretical assumptions ...


Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, And Mediations Into The Legal Writing Curriculum, Olivia Farrar, A.G. Harmon 2010 The Catholic University of America, Columbus School of Law

Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, And Mediations Into The Legal Writing Curriculum, Olivia Farrar, A.G. Harmon

Scholarly Articles and Other Contributions

Legal education is built around a core irony: almost no human disputes are resolved via trials, and yet we dedicate years to teaching law students how to resolve disputes via litigation. To remedy this incongruity between legal education and the reality of lawyering, the two of us have begun integrating negotiations, settlements, and mediation into our 1L legal writing curriculum. This article describes why and how we have introduced our students to these non-litigation skill sets, starting to train them in what we believe may be their most powerful dispute resolution skills when they enter the legal world.


Meeting Students’ Demand For Models Of Good Legal Writing, Patricia Grande Montana 2010 St. John's University School of Law

Meeting Students’ Demand For Models Of Good Legal Writing, Patricia Grande Montana

Faculty Publications

(Excerpt)

First-year legal writing students always plead for model examples of the types of writing we teach. Though most legal writing texts include an appendix of sample legal documents, the students invariably ask for more. They insist that a multitude of samples are needed to fully grasp the structure and organizational approach that is expected of them. Their reasons for wanting models of good legal writing are not without merit. Interoffice memoranda, trial and appellate briefs, as well as the other kinds of legal documents we teach in the first-year writing curriculum are unlike anything our law students have previously ...


Arkansas, Timothy L. Coggins 2010 University of Richmond

Arkansas, Timothy L. Coggins

Law Faculty Publications

An update to the 2007 State-by-State Report on Authentication of Online Legal Resources.


The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater 2010 John Marshall Law School

The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater

The John Marshall Review of Intellectual Property Law

The semantic web is going to become an important tool for scientists who need to accurately share data given context through structured relationships. The structure that defines contextual relationships on the semantic web is known as an ontology; which is a hierarchical organization of a knowledge domain that contains entities and their relations. This paper seeks to answer whether semantic web ontologies are protectable by copyright, and regardless of the outcome, what the best practices are for the scientific community. The best practices for the scientific community should include the adoption of a machine readable ontology license which disclaims copyright ...


Doctorado Académico En Derecho, ¿Un Vehículo Para Los Transplantes Jurídicos?, Gail J. Hupper 2010 Boston College Law School

Doctorado Académico En Derecho, ¿Un Vehículo Para Los Transplantes Jurídicos?, Gail J. Hupper

Boston College Law School Faculty Papers

No abstract provided.


Researching Georgia Legislative History, Carol Watson 2010 University of Georgia School of Law Library

Researching Georgia Legislative History, Carol Watson

Articles, Chapters and Online Publications

Attorneys often seek Georgia legislative history when trying to clarify a vague statute, determine the intent of the legislature or trace a law’s amendments over time. Although sometimes difficult to compile, Georgia legislative history tidbits can be gathered by consulting a variety of resources.


Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro 2010 Duke Law School

Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro

Faculty Scholarship

No abstract provided.


Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens 2010 Duke Law School

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.


The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner 2010 Duke Law School

The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship calls for US law schools to stop publishing their journals in print format and to rely instead on electronic publication with a commitment to keep the electronic versions available in “stable, open, digital formats.” The Statement asks for two things: 1) open access publication of law school-published journals; and 2) an end to print publication of law journals. This paper was written as background for a July 2010 American Association of Law Libraries conference program on the preservation implications of the call to end print publication.


Leaps And Bounds, Nestor M. Davidson 2010 University of Colorado Law School

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has ...


Further Reflections On Post-Realist Legal Scholarship And Teaching: A Brief Response To Professor Scordato, Gregory S. Crespi 2010 Southern Methodist University, Dedman School of Law

Further Reflections On Post-Realist Legal Scholarship And Teaching: A Brief Response To Professor Scordato, Gregory S. Crespi

Faculty Scholarship

In this article, the author scrutinizes Professor Marin Roger Scordato’s recommendations regarding legal scholarship and teaching in the post-realist era. The author takes issue with some of Scordato’s recommendations on how to resolve the tension between instrumentalism and formalist legal discourse. Rather than devoting the bulk of their instruction to conventional doctrines and formalist analysis, the author suggests that instrumentalist law professors give greater relative emphasis to instrumentalist critiques.


Delegation And Judicial Review, Thomas W. Merrill 2010 Yale Law School

Delegation And Judicial Review, Thomas W. Merrill

Faculty Scholarship Series

One of the subthemes in the delegation debate concerns the
importance of judicial review. The Supreme Court has often
upheld broad delegations to administrative actors and in so
doing has pointed out that judicial review is available to safeguard
citizens from the abuse of unconstrained government
power. Broad delegations of power to executive actors are
constitutionally permissible, the Court has suggested, in significant
part because courts stand ready to assure citizens that
the executive will discharge its discretion in a manner consistent
with Congress's mandate and in a fashion that otherwise
satisfies the requirements of reasoned decision making.


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