Legal Writing and Research

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Computer Law Commons Internet Law Commons Legal Writing and Research Commons Privacy Law Commons , and the Science and Technology Law Commons

Computer Law Commons Internet Law Commons Legal Writing and Research Commons Privacy Law Commons , and the Science and Technology Law Commons

Recent years have seen extraordinary growth in the amount of le- gal scholarship and practice at the intersection of law and 3D printing. To help navigate this emerging field of 3D printing law, I created the accompanying Law and 3D Printing Bibliography. The published bibli- ography presented herein contains over 100 entries. The brief introduc- tory comments to the published piece discuss the creation and contents of the bibliography, and provide suggestions for where one should begin their research in the area. The comments focus on (1) 3D printing‘s background, (2) historical growth pattern of law and 3D printing schol- arship, (3) identification of law and 3D printing scholarship, (4) closing thoughts on the future of law and 3D printing scholarship. Appendix A provides a list of recommended starting places with publications and selected court cases through 2015.
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Sea Change: The Seismic Shift in the Legal
Profession and How Legal Writing Professors Will
Keep Legal Education Afloat in its Wake

Sea Change: The Seismic Shift in the Legal Profession and How Legal Writing Professors Will Keep Legal Education Afloat in its Wake

Even first year legal writing programs (with legal research on the side or more central) have in many schools been relegated to the margin of the educational enterprise. Many law faculty members do not fully appreciate the importance of legal writing courses in bolstering students’ analytical strengths, providing them with an important context in which to learn from experience, engaging them in solving poorly defined problems, exposing them to the art forms and acts required of lawyers in practice, and modeling fresh forms of lawyering (such as coaching and counseling). Similarly, courses that introduce legal research to first year students may be marginalized because they are seen as a venue for introducing very detailed information about sources (what sources exist, what is their value for diverse purposes, how should they be cited), rather than valued as emphasizing the exercise of professional judgment regarding what information is needed, how its quality is best assessed, and how diverse forms of knowledge should best be integrated and employed to accomplish important tasks. In short, legal education has not really embraced the need for students to learn to “do and act” or appreciated the ways in which “doing and acting” are powerful means to fuel learning of substance itself. 251
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LEGAL RESEARCH AND WRITING FALL 2010 SYLLABUS SECTIONS B AND H PROFESSOR MARY DUNNEWOLD

LEGAL RESEARCH AND WRITING FALL 2010 SYLLABUS SECTIONS B AND H PROFESSOR MARY DUNNEWOLD

You can contact me in my office, 208E, by phone at 651-523-3082, or by email at mdunnewold@hamline.edu. I will post my office hours regularly, but please feel free to stop by any time. Please check the TWEN site for weekly office hours. You can access an electronic copy of this syllabus, the Legal Writing Student Manual, my office hours, and other information related to the course on my TWEN site.

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Leveling the Hill of Sisyphus: Becoming a Professor of Legal Writing

Leveling the Hill of Sisyphus: Becoming a Professor of Legal Writing

Efforts continue to amend further the accreditation standards to improve the quality of legal writing instruction and the conditions under which legal writing professors are em- ployed. In 1998 the Standards Review Committee of the American Bar Association’s Section of Legal Education and Admission to the Bar began a “reliability and validity study” of the Standards for Approval of Law Schools, with the goal of proposing a set of amendments for adoption in the early summer of 1999. In January 1999, the ABA’s Communications Skills Committee, which is charged with addressing legal research and writing, made three rec- ommendations for amending the current standards: (1) Standard 302(a)(3) should be amended to require law schools to offer enough instruction to satisfy student demand in the drafting of contracts and other documents typical of the practice of law; (2) Standard 403(b) should be amended to require that students receive instruction in required courses from professionals, rather than from other students; and (3) Standard 405(c) should be amended to require schools to provide job security for legal writing directors and teachers, paralleling the protections now given to clinical faculty. See Memorandum from the Communications Skills Committee, Section of Legal Education and Admissions to the Bar, to the Standards Review Committee, Section of Legal Education and Admissions to the Bar (January 12, 1999) (on file with author), reprinted in Words from the Podium, S CRIVENER (Scribes: The American Society of Writers on Legal Subjects, Fayetteville, Ark.), Winter 1999, at 3.
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Technical Writing - The Perfect Research Paper

Technical Writing - The Perfect Research Paper

2. Full Research Proposal or Protocol (please attach to this form). Relevant information, such as the relationship between the proposed project and the information sought from the Pesticide Registry or pesticide applicator, may assist the Board’s evaluation of the researcher’s request for Pesticide Registry or pesticide application information.

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WRITING A RESEARCH PAPER: STEPS TO SUCCESS

WRITING A RESEARCH PAPER: STEPS TO SUCCESS

Keep in mind that a number of factors will affect how long it will take you to complete each step of the process. For example, you may have more than one major assignment or research paper to work on at the same time. Also, certain steps may take you longer than others. (You may have to allow more time to locate sources, take notes, write or proofread your draft, type the paper, etc.) In addition, you may have other responsibilities that will prevent you from following an ideal schedule.

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Academic Integrity. Writing the Research Paper

Academic Integrity. Writing the Research Paper

Using a documentation format is like speaking or writing grammatically. A documentation format, like grammar conventions, provides a code that all speakers of a certain language agree to follow in order to make communication easier. “Speakers of the language” in this case are members of an academic community in a certain field of study. So while it is of primary importance to know when to document a source, it’s also very important to know how.

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WRITING A GOOD Ph.D RESEARCH SYNOPSIS

WRITING A GOOD Ph.D RESEARCH SYNOPSIS

One of the most important steps in the writing process is coming up with a dissertation title that does justice to your work. The title of the Synopsis and title of the Thesis shall invariably be the same.The title of a thesis or dissertation must do several things in a relatively small number of words.

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Writing for Ethical Research: Novice Researchers, Writing,and the Experience of Experiential Narrative

Writing for Ethical Research: Novice Researchers, Writing,and the Experience of Experiential Narrative

Embedded in the narratives are shadows of risk. Naturally, such level of reflective engagement may not be risk free. Manathunga et al. (2010: 40), for example, comment on the sharing stories of personal experience as being a “balancing act, a process of choosing what to move from the private to the public, [of] balancing a desire to share against the fear of ex- posure; balancing voice and silence”. Narratives are purposeful and particular, each being a “reconstruction, particular to the position from which the writer views the world and the ques- tions they ask of it”. The strength of the collaborative writing— the achievement of Bill’s desire to respect “individuality and personality, negotiation of working relationships, [and] aware- ness of other’s skills and personalities’ (Textbox 6)—is re- flected in several of the narratives exposing anxieties (Text- boxes 3, 4 & 5): Jubilee’s concerns about self confidence; Jo’s anxiety about letting go cherished plans; Sharon’s concerns that the “boundaries of ethical research are sometimes contradictory, and that the aim to behave ethically in research is a different aim from behaving to reduce risk to participants, and in par- ticular, to avoid potential legal risk”. These in this case, served not to critique the role that ethics approval plays within the institution (Mode 1), but to open space for further reflection (Mode 2).
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Scriptwriting as creative writing research: a preface

Scriptwriting as creative writing research: a preface

Whereas journal publication may prove to be a swift solution for writers of stage scripts, it is likely that writers of unproduced screenplays will still be treated as second-class screenwriting citizens. For this to change, we need to recognise that, like playwriting, screenwriting is a creative writing practice and all writing practices are worthy objects of study in the discipline of creative writing. Hopefully, this will also become the norm in such university departments as English and Film and Media. The bias against the academic study of unproduced screen scripts can only be dislodged by understanding its origin. This lies in the discipline of Film and Television Studies. It is, therefore, worth taking a little time to explore it here. The first thing to note about screenwriting as a field of academic study is that it is surprisingly under explored (Nelmes 2010). Steven Maras has argued that ‘screenwriting research is a relatively new area’ (2011: 278). Ian W MacDonald posits that this is ‘probably due to film academics frying bigger fish, focusing on New Waves, semiotics and male gazes, and only intermittently recognizing a need to consider the formation of the idea for a screenwork as something of interest’ (2010: 7). Another reason for the lack of critical attention to screenwriting is the perception in Film and Television Studies mentioned above, which sees scripts as mere blueprints for films and television programs, and as unfinished and transitional and insignificant in relation to the finished and concrete film or television show (MacDonald 2010). MacDonald notes the marginal position of screenwriting within film and television studies when he writes that it is:
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Guidelines and Requirements for Writing a Research Paper

Guidelines and Requirements for Writing a Research Paper

• You should become familiar with the body of literature on “software engineering.” Through this process, you will become familiar with important computer science and software engineering literature, well-known authors and researchers, and the institutions where important research is taking place. Note that the emphasis here is on primary literature, i.e., reputable and original research publications. This definition excludes “review” and trade magazines. Examples of primary literature include: IEEE Software, IEEE Computer, ACM SIGSOFT Notes, Journal of Systems and Software, Communications of the ACM, ACM Transactions on Software Engineering and Methodologies, IEEE Transactions on Software Engineering, Software — Practice and Experience, Springer-Verlag series on Lecture Notes in Computer Science, and proceedings of conferences such as the International Conference on Software Engineering.
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Outsourcing Legal Research and Writing Projects

Outsourcing Legal Research and Writing Projects

Another question is whether you must disclose to the client your use of a legal research and writing services provider. Although, under ABA Op. 88-356, a hiring lawyer is not required to disclose the use of a contract lawyer or obtain the client’s consent to such an arrangement where the contract lawyer is working under the direct supervision of a lawyer associated with the firm, disclosure is required if the contract lawyer is performing independent work for a client without the close supervision of a lawyer associated with the firm. Furthermore, many state and local bar associations have issued ethics opinions requiring disclosure under some circumstances, and others mandate disclosure under all circumstances. Thus, the safest route (particularly if you practice in a state that has not issued a governing ethics opinion) is to disclose, and obtain the client’s consent to, your use of a research and writing specialist. If you will be billing an experienced provider’s services to your client at a rate lower than your own, this process can actually be an opportunity to demonstrate your commitment to achieving the best possible result for the client at the lowest cost.
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ANTROPOLOGICAL APPROACHES IN LEGAL CERTAINTY RESEARCH

ANTROPOLOGICAL APPROACHES IN LEGAL CERTAINTY RESEARCH

Purpose. The study is aimed at highlighting in the historical-comparative context the influence of anthropologi- cal teachings on the development and formation of such a legal phenomenon as "legal certainty", proving that the category of legal certainty appeared as a consequence of anthropocentric philosophical approach in law. Theoretical basis. In the article, using the system approach, the content of the term "legal certainty" was analyzed. The axiological approach allowed generalizing various manifestations of legal certainty within the limits of one va-lue concept and generalizing it by formulating and emphasizing the importance of the anthropophilosophical approach in the study of legal phenomena. The method of comparison, analysis, synthesis, generalization of philo- sophical concepts was used, in which the principle of legal certainty was expressed in different periods of historical development. Originality. This article supports a wide approach to understanding the principle of legal certainty, and the latter one relates to general theoretical legal principles. It is alleged that legal certainty consists of a number of requirements for lawmaking and law enforcement. In conducting a historical analysis for these requirements of legal certainty, it was established that they were historically originated and developed as a part of anthropological philosophical doctrine and subsequently embodied in law. The connection with anthropological teaching in juris- prudence is transformed into a relationship between the realization of the principle of legal certainty and human rights. Conclusions. Anthropological approaches in the study of legal phenomena allow providing value humanistic orientation to law. Human rights and freedoms as the most important social value require observance of them even when the legislation is imperfect, uncoordinated, contains gaps and uncertainties. The principle of legal certainty enables to overcome these difficulties, due to it the requirements of lawfulness and observance of human rights and freedoms are agreed upon. This principle is generally legal, and its content is revealed through a set of components – requirements.
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The Legal Research and Issue of Death Penalty

The Legal Research and Issue of Death Penalty

Fourth, the research would be processed on the documentary examination and the basic tip of advice could fulfill my situation in meeting the budgetary restraints since it seems to prevent a redundancy and unnecessary deals of work. In the preliminary concern, a trustworthy secondary source was referenced, such as treatise and law review articles (Olson, 2014). The encyclopedias, such as American Jurisprudence 2d or Corpus Juris Secundum as well as Wikipedia could be used to shape my ideas and approaches. It is advisable not to be discursive over materials, while one document often can lead to a number of other sources. In an in-depth stage of research, the Annotated Codes and key number Digests could help to progress. In this stage, a criterion to self-assess my performance would be that “the in-depth research must be sufficient to give you confidence that your work is based on information that is complete and accurate.”
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Crowdsourcing Legal Research: The Opportunities and Challenges

Crowdsourcing Legal Research: The Opportunities and Challenges

Some people view crowdsourcing as a potential alternative to the expensive proprietary legal research platforms that exist today. Although an increas- ing amount of case law is available for free through Google and Google Scholar, those cases lack the annota- tions and commentary that make it helpful to lawyers and law students— crowdsourcing can be used to fill in the gaps. As the American Bar Association (ABA) Journal explains, “If two heads are better than one, then why should legal research be a solitary pursuit? What if you could put three or four or even dozens of heads to the task? If you could tap into a collective, collab- orative research process, it seems fair to say, you could complete your work more quickly and be more confident of your conclusion.”
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Identification of Trends in the Teaching of Legal Research.

Identification of Trends in the Teaching of Legal Research.

highly qualified. He was from a law school ranked among the top twenty-five, at the top of his class and a member of law review. The memorandum produced contained fatal flaws. Among such defects was the failure to locate all the relevant cases, incorrect analysis of the holdings of several of the controlling cases and the inclusion of one case recently reversed upon appeal. The research was clearly inadequate. This alone suggested a fundamental problem; however, the imperfections in the product were magnified by the poor construction of both the memorandum and the client letter. Both documents contained numerous spelling and grammatical errors as well as an absence of any demonstrated understanding of the law and related legal analysis. This member of the best and the brightest illustrated a secret of the legal profession. Many law students graduate without the necessary practical skills required to conduct legal research efficiently and competently on a specific legal problem. Unfortunately the above-described experience is not the exception to the rule. A 1988 survey of law librarians with large law firms implied similar results 2 . The results of the survey suggested that the summer clerks and the first year law students lacked the requisite skills necessary to perform adequately the research tasks required of them.
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The ethics of psychopharmacological research in legal minors

The ethics of psychopharmacological research in legal minors

Researchers who are employees of pharmaceutical compa- nies can experience moral dilemmas between maintain- ing scientific objectivity and the obligation to try to produce positive results that can help their employers achieve targets. Researchers who have their research or teaching activities funded by pharmaceutical companies may also experience this moral dilemma. There is a grow- ing movement against commercially funded research and researchers, with independent experts, researchers and research being favoured as less biased [51,52]. In the past, pharmaceutical companies have been lavish in funding teaching, seminars and academic activities such as confer- ence attendance for physicians. There is, however, evi- dence that these commercial sponsorships have an impact on prescribing practices of physicians [49,52-55]. There has a growing suspicion of commercial interests as unethi- cal and a backlash amongst doctors against pharmaceuti- cal sponsorship and commercially funded research. A further ethical dilemma in commercially driven research is that where there is relatively low financial gain to be had from conducting research, pharmaceutical companies are less likely to fund it. This is the case for psychopharmaco- logical research in children and adolescents. Once a new drug is licensed for use in adults, given the lack of research evidence for drugs in adolescents and particularly chil- dren, child and adolescent psychiatrists will begin to pre- scribe these drugs 'off-label' to their patients. To attempt to conduct research in children and adolescents to obtain licences for these age groups would be both more complex and therefore expensive for companies, and may also pro- vide minimal additional commercial yield.
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Observations on the Sasanian Law-Book in the light of Roman legal writing

Observations on the Sasanian Law-Book in the light of Roman legal writing

Within each chapter, there is a series of individual sections, which do not make up a continuous discussion. This is no treatise, and seldom seeks to explain. The sections can take various forms. Some simply state: ‘if such and such, then such and such’; elsewhere, the format is ‘It is said’ or ‘It is written’. Quite commonly a named authority is cited: e.g. ‘Vahram has said’ or ‘Vayayar has written’. In neither case is it clear whether one derives from an oral decision and the other from a written work. Nor is it clear in most cases whether or not these are contemporaries, whose opinions or judgements may have been heard by the author in person. Again, it is unknown whether citations are taken from a distinct work of the person cited, or from more varied collections of sententiae or responsa of numerous different authorities. Sometimes, however, such authorities are themselves named as citing from other authorities, very much in the manner of the Roman jurists citing each other (discussed further below). Sometimes specific cases are mentioned, and indeed specific documents. One unnumbered chapter is described as ‘containing a number of legal decisions evident from what was written and sealed in the past’, and these seem to relate to local rulings, whose records the author could have seen. 58 However,
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LEGAL AID RESEARCH SERIES LEGAL AID ELIGIBILITY AND COVERAGE IN CANADA

LEGAL AID RESEARCH SERIES LEGAL AID ELIGIBILITY AND COVERAGE IN CANADA

individuals. People living in larger urban areas are also given higher income amounts to control for the expense of living in large urban areas. Furthermore, Statistics Canada reports low-income levels of families before they pay taxes, their gross family income, as well as what the poverty levels are for families after they have paid taxes on this income. Comparisons of the LICO income levels (before and after-tax) with the LAP eligibility income and assets requirements are compared in Table 4. We use the published numbers from Statistics Canada’s Income in Canada, 1999 to make these comparisons. 39 To obtain the actual number and proportion of families who would qualify for legal aid (fall within the financial eligibility guidelines), we use data from 1998. This is the most recent publicly available data (see Table 5). So as not to have to deflate the present plans income guidelines to 1998 figures, we simply use the guidelines that were applied in 1998. In order to assess how closely the guidelines match the pre-tax and after-tax LICO levels, we have subtracted the relevant LAP income amount from the LICO amount. Our results show by how much the LAP allowance levels are below or above the relevant before- and after-tax low-income amounts for the different jurisdictions.
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Preface: Methodologies for Research on Legal Argumentation

Preface: Methodologies for Research on Legal Argumentation

The current state of the art in the study of legal argumentation may be characterized by the applicability of a great variety of concepts, distinctions, frameworks and methods that have been employed in dealing with this abundant field of research. Legal argumentation has been analyzed not only from the viewpoint of legal theory, but also in the scope of computational argumentation studies, artificial intelligence, and general theories of argumentation. Although many of the diverse tools used in the mentioned fields are well-developed, we believe that insufficient attention has been paid to the meta- level discussion between the representatives of various methodological traditions, including, in particular, the legal- theoretical, philosophical, and logical perspectives, as well as the point of view of computer science with a focus on AI research.
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