This book fills an important niche in legal-writing literature by teaching law students how to write scholarly papers for seminars, law reviews, and law-review competitions and how to have their work recognized. It helps novices and more experienced scholars alike to write papers with a minimum of anxiety and a maximum of creativity. Employing a process theory of writing, the text first describes the enterprise of scholarly writing and then discusses techniques for brainstorming topics and theses, researching, drafting, and revising for substance and style. It covers both traditional doctrinal topics and newer areas like empirical studies. There are also chapters on footnotes, avoiding plagiarism, law review practice, and dissemination of student work through publication and submission to national writing competitions. Appendices provide a sample law-review competition paper, answers to in-text exercises, sample syllabi for scholarly writing courses, and a rubric for evaluating and editing scholarly papers and articles.
Academic Legal Writing
Author: Eugene Volokh
Publisher: Foundation Press
Designed to help law students write and publish articles, this text provides detailed instructions for every aspect of the law school writing, research, and publication process. Topics covered include law review articles and student notes, seminar term papers, how to shift from research to writing, cite-checking others' work, publishing, and publicizing written works. With supporting documents available on http://volokh.com/writing, the book helps law students and everyone else involved in academic legal writing: professors save time and effort communicating basic points to students; law schools satisfy the American Bar Association's second- and third-year writing requirements; and law reviews receive better notes from their staff. The Fifth Edition, based on the author's experience teaching his newly designed Intensive Editing Workshop and First Amendment Amicus Brief Clinic, adds material on editing, rebutting counterarguments, writing strategy, identifying and using the key assets of the article, fighting "the curse of knowledge," and submitting articles to law reviews. It also adds extra examples of sound writing, as well as editing exercises.
Capital Punishment and the Judicial Process provides comprehensive coverage of a number of issues, including the philosophical debate over the death penalty, constitutional challenges to the death penalty, the modern death penalty scheme, jury selection, capital sentencing, ineffective assistance of counsel, state appeals and post-conviction, federal habeas corpus, federal death penalty, and international law. The materials are kept up to date through annual supplements and letter updates.
Author: Nancy S. Kim
Publisher: Oxford University Press
When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.
This law school casebook provides a comprehensive collection of material for investigation of law and the American health care system. Chapters are devoted to topics ranging from regulation of health care companies and providers to fundamental constitutional and bioethical questions regarding the relationship among patients, governments, and health professionals.
Writing for Law Practice
Author: Elizabeth Fajans, Mary Falk, Helene Shapo
Publisher: Foundation Press
Writing for Law Practice organizes documents into three sections that correspond to the three major modes of written communication in the law—“Litigating,” “Informing and Persuading,” and “Rule-making”—each with its own signature writing skills. The organization of this text is both realistic and helpful to student and teacher. Part One focuses on pleadings and motions, where concept is primary and expression secondary. Part Two covers letters, memos, trial and appellate briefs, and judicial opinions, which require clarity and perseverance as well as creativity. Part Three covers contracts, legislation, and wills, where conceptualization is inextricable from clear and precise expression. Among the advantages of this organization is that it gives the teacher much flexibility in course design. New features of the third edition include new content in Part One reflecting the effect of recent Supreme Court decisions on federal and state pleading practice and the impact of social media on civil litigation; new content in Part Two on e-mail memoranda of law; and new content in Part Three on document design for electronic communication, on drafting federal regulations, and on non-disclosure agreements. In addition, there is a new casefile on child custody rights under international law and exercises and assignments throughout. Finally, the teacher's manual contains supplementary material on depositions and interrogatories. Writing for Law Practice is intended for both “Advanced Writing” and “Introduction to Drafting” courses. Because “drafting” is a term without a single, universally agreed-upon meaning, “drafting” courses do not all cover the same documents. However, this text treats a broad range of documents and a broad range of skills, and so it is suitable for all of these upper-level writing courses.
Computer Crime Law
Author: Orin S. Kerr
Publisher: West Academic Publishing
The third edition of Kerr's popular computer crimes text includes many updates since the second edition in 2009. New cases address topics such as the computer hacking laws, economic espionage online, Internet threats, criminal copyright prosecutions, searching cell phones incident to arrest, applying the Fourth Amendment to the Internet, and the validity of computer warrants. Two chapters have been restructured to make it easier for students to understand the Computer Fraud and Abuse Act and the emerging rules for computer searches. The book covers every aspect of crime in the digital age, and it is presented in an engaging and accessible style. Topics range from computer fraud laws and international computer crimes to Internet surveillance laws and the Fourth Amendment. It is part traditional casebook, part treatise. It both straightforwardly explains the law and presents many exciting and new questions of law that courts are only now beginning to consider. The book is ideally suited either for a 3-credit course or a 2-credit seminar. It will appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed. Computer crime law has become an increasingly important area of criminal practice, and this book provides the ideal introduction to the field. Many U.S. Attorney's Offices have dedicated computer crime units, as have many state Attorney General offices. Any student with a background in this emerging area of law will have a leg up on the competition. Students will also find the book easy and fun to read, while professors will appreciate the accessible introduction to an important new field with many open questions for legal scholars. The materials are authored by Orin Kerr, the Fred C. Stevenson Research Professor at George Washington University Law School and a leading authority on the law of computer crime.
Author: Jessica L. Clark, Kristen E. Murray
In addition to a standard first-year legal writing curriculum, most law schools now require upperlevel students to write a sophisticated legal research paper on a topic of their choice. Students often struggle through the scholarly writing process, from finding a topic to polishing a final paper, and many never fully develop and defend a thesis. Scholarly Writing: Ideas, Examples, and Execution offers a lifeline to students, guiding them through the process of constructing their legal research papers from start to finish.With over 10 years combined experience teaching scholarly writing to J.D. and LL.M. students, the authors identify common roadblocks for student writers, and offer advice and techniques for how to successfully overcome these roadblocks. The book walks students through a five-step process for researching and writing scholarly papers and follows five published student papers from idea to final execution as a method of illustrating the principles advocated in the text. This example-based approach sets this book apart from others; the authors not only tell students how to approach their papers, but through annotated excerpts of example papers, they show students how to approach their papers. The book includes up-to-date information about legal research and organizational tools. It also includes “bright ideas” that supplement the text with ideas and examples for student writers. The text may be used as either a required text for a course in Scholarly Legal Writing or a companion guide for students working on scholarly legal writing projects independently.
This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in-depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law. In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines. This new edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. Praise for the first edition '...worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study.' Peter Whelan, Cambridge Law Journal 'Enlightened law professors and law schools will best serve their students not by teaching national competition law but by adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level.' Okeoghene Odudu, Common Market Law Review '...the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time†?.' Yvonne van Roy, New Zealand Law Journal 'Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context...this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies.' Judge Douglas Ginsburg '...this book is the only one on the market that is extremely well suited for use in a comparative antitrust law class...an extraordinarily teachable book that contains everything you might want to present...Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is.' Robert H Lande, University of Baltimore Law School
American Indian Law
Author: Bethany Berger, Sarah Krakoff, Philip Frickey
Publisher: West Academic Publishing
This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government, individual states, and others. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to structure the classroom experience and enhance student engagement. Historical materials are explained to highlight their modern relevance. The third edition includes expanded materials on law and order within Indian country, the Indian Child Welfare Act, and recent Executive Branch actions that increase tribal authority.
Author: Anne Enquist, Laurel Currie Oates, Jeremy Francis
Publisher: Wolters Kluwer Law & Business
Just Writing covers the basic principles of good legal writing — including style, grammar, and punctuation — and demonstrates them through numerous examples. The text provides legal writers of all experience levels with tips, techniques, and helpful advice for every step of the process: planning, drafting, revising, editing, and proofreading. However, Just Writing goes further, guiding students to eloquence in concise legal prose. The text provides valuable resources for English-as-a-Second-Language students and teachers.
Author: Erwin Chemerinsky
Publisher: Wolters Kluwer Law & Business
A leading fifth edition text by a prominent scholar, Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays, and with the author’s context and background information, the law becomes more readily understood. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text. Features: Comprehensive coverage; accessible writing style Distinctive approach presents the law solely through case excerpts and author-written essays Provides context and background information Flexible organization—no chapter assumes that students have read other chapters Updated throughout; includes major new cases
Author: Scott Turow
Publisher: Farrar, Straus and Giroux
One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.