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Mastering Legal Analysis and Drafting
No full textMastering Legal Analysis and Drafting seeks to emphasize the fundamental structure and methods of legal drafting, grounded in the surprisingly few elemental rules and techniques of legal analysis. It is designed to (1) help the legal drafters identify those elemental rules and techniques, and (2) show how they are used to prepare effective legal writing in different formats, most of which share common elements and structures.
The book begins with a discussion of legal analysis, followed by a discussion of general drafting principles and rules, and then proceeds to apply these concepts to specific forms of legal writing, including client letters, demand letters, research memoranda, motions and supporting documents, appellate briefs, contracts and instruments, and legislation. It closes with a chapter on writing to build a record that reprises the other chapters and highlights the key concepts.
The second edition has been updated to reflect recent developments in legal practice, research, citation, and technology.https://ir.law.utk.edu/utk_lawfacbooks/1065/thumbnail.jp
Medical Authority and the Right to Life
No full textThis essay briefly explores this relationship between the understandings—existing and potential—of the right to “life” and the role of medical authority in constitutional abortion rights litigation. It proceeds as follows. Part I describes the dichotomy between two different understandings of “life” in U.S. legal discourse, with a particular focus on cases dealing with the so-called “right to die.” Part II then explains why this dichotomy is relevant in the post-Dobbs abortion rights context, as it holds the promise of an alternate path to protection for abortion rights at the federal and state levels. Part II also discusses how and why abortion litigation both before and after Dobbs has relied on a medicalized framing that has worked to undermine this promise. Part III considers possible ways forward
BU S4E0
No full textPhoto of Dorothy S. Lund, Columbia 1982 Alumna Professor of Law at Columbia Law School.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1040/thumbnail.jp
JUST ACTION: HOW TO CHALLENGE SEGREGATION ENACTED UNDER THE COLOR OF LAW
No full textRemarks given by Author Richard Rothstein ahead of Western New England Law Review\u27s symposium The Color of Law: The Intersection of Race and the Law, which discussed his 2017 book, The Color of Law
THE IDEA OF PRIVATE LAW: A COMMUNITARIAN VERSION OF KANTIAN RIGHTS
No full textThis Article begins with the introduction of two competing schools in private law. One school claims that private law is to achieve efficient resource allocation or wealth maximization. The other school follows the bipolar structure of corrective justice with the assistance of the Kantian theory. While each side is very strong and elegant, neither is able to claim the totality of private law. Naturally, scholarship reconciling the two schools is urgently needed. Although there is a thin body of literature, trying to reconcile the two competing schools, the outcome has been far from satisfactory. This Article tries to fill an important gap in the literature by developing the communitarian version of Kantian right while taking into consideration the efficient resource allocation within the bipolar structure of corrective justice. After articulating such a theory, this Article has made an effort in analyzing empirical evidence from United States judicial practice to test whether the communitarian version of Kantian right can be supported. The Article then examines the failure of judicial analyses when the utilization of the communitarian version of Kantian right ignores the bipolar structure of corrective justice and keeps an inappropriate balance on the interaction of the relationship between private parties in private law and the relationship between the government and individuals under public law
Swimming Against the Current: Ethiopia\u27s Quest for Access to the Red Sea Under International Law
No full textIn October 2023, Prime Minister Abiy Ahmed Ali declared access to the Red Sea is “an existential matter” for Ethiopia, reigniting the longstanding dispute with Eritrea over the Assab Red Sea coastal areas. This Article addresses the need for a peaceful resolution of this dispute while scrutinizing the legitimacy of Ethiopia’s claim for access to the Red Sea within the framework of international law. Contrary to the prevailing view among Ethiopian scholars, the Article argues that Ethiopia lacks a legitimate ownership claim over Assab or any parts of the Red Sea. However, it argues that Ethiopia, as a landlocked country, is entitled to free access to the Red Sea under the UN Convention on the Law of Sea. Moreover, considering the potential ramifications of defying international law, the Article urges both Ethiopia and Eritrea to think beyond narrowly conceived national interests and foster mutual benefit through cooperation and regional integration