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An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
An Intro to Writing & Publication for Legal Scholarly Authors
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An Intro to Writing & Publication for Legal Scholarly Authors

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  • Lexis – Contract renegotiations includes passwords for all students & Bahamian Law Reports Westlaw - In progress Heinonline – Contract renegotiations …Ongoing Justis – Contract renegotiated include Justcite….Ongoing Statute Laws 2009, Bahamian Statutory Instruments 2009, Gazettes– Government Printing Office Legislative History; House of Assembly Velma Newton
  • “ Durham Statement on Open Access to Legal Scholarship,“ which calls for all law schools to stop publishing their journals in print format and to rely instead on electronic publication coupled with a commitment to keep the electronic versions available in stable, open, digital formats. GENERAL OBLIGATIONS RULE 1.1 INTEGRITY .................................. 514 RULE 1.2 DILIGENCE ................................. 514 RULE 1.3 CONFIDENTIALITY .......................... 514 RULE 1.4 CONFLICTS OF INTEREST .................... 515 RULE 1.5 REPORTING MISCONDUCT ................... 515 RULE 1.6 REMEDIAL MEASURES ...................... 516 II. OBLIGATIONS OF THE LAW REVIEW STAFF A. Obligations to Authors RULE 2.1 SOLICITATION OF MANUSCRIPTS AND OFFERS TO PUBLISH ................................. 517 RULE 2.2 PUBLICATION SCHEDULES ................... 517 RULE 2.3 EDITING OF MANUSCRIPTS .................. 518 RULE 2.4 PROGRESS REPORTS AND OTHER COMMUNICATIONS .......................... 519 RULE 2.5 COPYRIGHTS, ADAPTATIONS, AND REPUBLICATIONS ........................... 519 RULE 2.6 ADVISING AUTHORS ABOUT THE CODE OF ETHICS ..................................... 519 B. Obligations to the Law School RULE 3.1 SELECTION OF THE LAW REVIEW STAFF .... 520 RULE 3.2 SELECTION OF THE LAW REVIEW EDITORS . 520 RULE 3.3 LAW REVIEW STAFF RELATIONS ............ 520 RULE 3.4 RELATIONS WITH THE STUDENT BODY ...... 521 RULE 3.5 RELATIONS WITH THE LAW SCHOOL ........ 521 RULE 3.6 RELATIONS WITH OTHER LAW REVIEWS ... 522 III. OBLIGATIONS OF THE LAW REVIEW AUTHOR A. Obligations to the Law Review RULE 4.1 ORIGINALITY OF MANUSCRIPTS SUBMITTED FOR PUBLICATION ........................... 522 RULE 4.2 SOLICITATION AND ACCEPTANCE OF PUBLISHING OFFERS ........................ 523 1992]MAR QUETTE LAW REVIEW RULE 4.3 WITHDRAWAL OF MANUSCRIPTS OR PROMISED MANUSCRIPTS .................... 523 RULE 4.4 DEALINGS WITH THE LAW REVIEW STAFF.. 524 RULE 4.5 COPYRIGHTS, ADAPTATIONS, AND REPUBLICATIONS ........................... 525 B. Obligations to Readers RULE 5.1 ATTRIBUTION ............................... 525 RULE 5.2 VERIFICATION OF SOURCES .................. 526 RULE 5.3 DISTORTION OF SOURCES .................... 527 RULE 5.4 CONTRADICTORY AUTHORITIES
  • As authors of law journal articles may draw from other areas such as gender studies, sociology, philosophy , political theory etc. Open - the identity of the reviewers are unmasked Single-blind - masks the identity of the reviewer from the author (most beneficial) Double-blind – masks the identity of the reviewer and author from each other
  • Market may be saturated with that topic so it must be a novel topic Preemption checking – verifying topic is original or rewrite the conclusion
  • Impact of FACTA on Offshore Law
  • Intro – Scope Note/roadmap
  • How to obtain an order of protection Wills in the Bahamas
  • Berkley $2.00 for electronic submission to each law review; $6.50 for each paper submission
  • Retaining the copyright allows you to reuse or distribute the paper otherwise you will have to request permission to use or distribute portions of your paper
  • Journals liberally grant permission for the reproduction of articles. Provided the copyright is for educational use, copies are distributed at or below costs National Conference of Law reviews Model Code of Ethics
  • Transcript

    • 1. Presented by:Presented by:May 3, 2013May 3, 2013Errol Adams, J.D., M.L.S., COB’sErrol Adams, J.D., M.L.S., COB’sLaw LibrarianLaw LibrarianThe Law Library & An Intro to Writing &The Law Library & An Intro to Writing &Publication for Publication for the UWI/LLBPublication for Publication for the UWI/LLBProgram Faculty at COBProgram Faculty at COB
    • 2. Discovering Bahamian LawDiscovering Bahamian Law At COB’s s Law Library you have had access to a variety of print publications includingAt COB’s s Law Library you have had access to a variety of print publications includingHalsbury Laws and access to four major legal databases:Halsbury Laws and access to four major legal databases: LexisLexis WestlawWestlaw HeinonlineHeinonline JustisJustis Bahamian LawsBahamian Laws HansardsHansards Status of Law Libraries in the BahamasStatus of Law Libraries in the Bahamas Marketing - Partnership with Eugene Dupuch Law School, The Attorney General, TheMarketing - Partnership with Eugene Dupuch Law School, The Attorney General, TheSupreme Court, Court of Appeal and The Bahamian Bar Association, Law ReformSupreme Court, Court of Appeal and The Bahamian Bar Association, Law ReformCommission (Commission (Face Book,Face Book, LinkedInLinkedIn,, TwitterTwitter,, Google+Google+ PinterestPinterest && Word press Blog PageWord press Blog Page)) Collection development listing of books/items that the Law Library should carry.Collection development listing of books/items that the Law Library should carry. Faculty must submit a listing of reserve items within the first week of the semesterFaculty must submit a listing of reserve items within the first week of the semester Guest BloggingGuest BloggingCopying and redistributing these slides areprohibited without prior authorization 2
    • 3. What Can a Law Librarian Do?What Can a Law Librarian Do? Help you use resources in your research (Pearse & Keele, 2012).Help you use resources in your research (Pearse & Keele, 2012). Assist in verifying references and bring articles into conformity withAssist in verifying references and bring articles into conformity withapplicable citation standards i.e. Blue Book or OSCOLA (Pearse &applicable citation standards i.e. Blue Book or OSCOLA (Pearse &Keele, 2012).Keele, 2012). Assist in publishing via online repositories etc. examplesAssist in publishing via online repositories etc. examplesDigital CommonsDigital Commons,,Open Journal Systems/Public Knowledge Project (OJS/PKR),Open Journal Systems/Public Knowledge Project (OJS/PKR),WordPress,WordPress, DrupalDrupal andand DspaceDspace (Pearse & Keele, 2012).(Pearse & Keele, 2012). Assist with copyright policies (publication agreements & marketingAssist with copyright policies (publication agreements & marketingarticlesarticles Assist with “Durham Statement on Open Access to LegalAssist with “Durham Statement on Open Access to LegalScholarship."Scholarship." Assist in compliance with theAssist in compliance with the Model Code of EthicsModel Code of EthicsCopying and redistributing these slides areprohibited without prior authorization 3
    • 4. What is wrong with Scholarly LegalWhat is wrong with Scholarly LegalWriting?Writing?““ In its format, style, and method of publication, though, theIn its format, style, and method of publication, though, thelaw review differs significantly from journals in otherlaw review differs significantly from journals in otheracademic fields: law review writing style is oftenacademic fields: law review writing style is oftencharacterized by excessive article length and annotation.characterized by excessive article length and annotation.….specific references, are a common feature. …most articles….specific references, are a common feature. …most articlespublished in law reviewspublished in law reviews do notdo not undergo the double-blindundergo the double-blindeditorial review process that is standard elsewhere ineditorial review process that is standard elsewhere inacademia; rather, they are looked over by… unqualifiedacademia; rather, they are looked over by… unqualifiedstudent editors and selected based on factors that may havestudent editors and selected based on factors that may havenothing to do with their rigor or empirical validity—a situationnothing to do with their rigor or empirical validity—a situationthat has been called a case ofthat has been called a case of ‘lunatics running the asylum.’”‘lunatics running the asylum.’”…”(Koulikov, 2010, p. 40).…”(Koulikov, 2010, p. 40).Copying and redistributing these slides areprohibited without prior authorization 4
    • 5. Peer ReviewPeer Review Peer Review is a “…process that requires experts in a particular fieldPeer Review is a “…process that requires experts in a particular fieldto evaluate an author’s work and ideas in that same field”to evaluate an author’s work and ideas in that same field”(McCormack, 2009, p.59).(McCormack, 2009, p.59). Non-doctrinal scholarship i.e. scholarship dealing with theNon-doctrinal scholarship i.e. scholarship dealing with theintersection of law and other disciplinesintersection of law and other disciplines Systems of peer review: Open; Single-blind & Double-blindSystems of peer review: Open; Single-blind & Double-blind With the peer review process “statements and opinions are notWith the peer review process “statements and opinions are notarbitrary, experiments and data meet specific standards ….” ( 2009 p.arbitrary, experiments and data meet specific standards ….” ( 2009 p.64).64). Recently, “legal scholars began adopting the tools and approaches ofRecently, “legal scholars began adopting the tools and approaches ofother fields to their own discipline….under 60% of all citations in lawother fields to their own discipline….under 60% of all citations in lawreview articles are to other law reviews, rather than to books.review articles are to other law reviews, rather than to books.…”(Koulikov, 2010, p. 40).…”(Koulikov, 2010, p. 40).Copying and redistributing these slides areprohibited without prior authorization 5
    • 6. Planning & ResearchingPlanning & Researching Choosing A Topic :Choosing A Topic : Novel ; non-obvious; useful & sound; Topics may be drawn from databases; PreemptionNovel ; non-obvious; useful & sound; Topics may be drawn from databases; Preemptionchecking –checking – Examples of topic types: Summarize a substantive area of law or procedure; anExamples of topic types: Summarize a substantive area of law or procedure; anunresolved problem or a solution to sameunresolved problem or a solution to same ResearchResearch Background - read treatises, law review article & books on your topic (conflicting caseBackground - read treatises, law review article & books on your topic (conflicting caselaw)law) Use citations & citators; Primary and Secondary Authorities; other sources –Use citations & citators; Primary and Secondary Authorities; other sources –interdisciplinary; policy oriented, legislative & news; Keep research organized and takeinterdisciplinary; policy oriented, legislative & news; Keep research organized and takegood notesgood notes Find adverse authorities - CredibilityFind adverse authorities - Credibility WritingWriting Types of Scholarly Legal Writing- Law Review (case comments, case notes &Types of Scholarly Legal Writing- Law Review (case comments, case notes &competition papers),competition papers), Substantive-law articles(the development of the law,Substantive-law articles(the development of the law,enforcement & controversy), how to guides, journalsenforcement & controversy), how to guides, journals Draft; Actual Writing; Use Footnotes or endnotes (Word Features)Draft; Actual Writing; Use Footnotes or endnotes (Word Features) OSCOLAOSCOLA && Blue BookBlue Book6Copying and redistributing these slides areprohibited without prior authorization
    • 7. Substantive Law ArticleSubstantive Law Article IntroductionIntroduction The Law its development and enactmentThe Law its development and enactment Discussion of the issues – primary &Discussion of the issues – primary &Secondary Authorities, Disputable issuesSecondary Authorities, Disputable issues Practical ConsequencesPractical Consequences ConclusionConclusion7Copying and redistributing these slides areprohibited without prior authorization
    • 8. Law ReviewLaw Review IntroductionIntroduction Overview SectionOverview Section Statute & court decisionsStatute & court decisions AnalysisAnalysis Policy argumentsPolicy arguments ConclusionConclusion OrganizingOrganizing Practical Work Transformed Into ArticlesPractical Work Transformed Into Articles Time AllocationTime Allocation Setting AsideSetting Aside Choosing A TitleChoosing A Title8Copying and redistributing these slides areprohibited without prior authorization
    • 9. How To GuideHow To Guide IntroductionIntroduction Description of ….Description of …. Discussion of whyDiscussion of why Relevant forms, civil procedure/criminal etcRelevant forms, civil procedure/criminal etc How to…How to… ConclusionConclusion9Copying and redistributing these slides areprohibited without prior authorization
    • 10. PublishingPublishing Initially submit to all relevant Law Journals or the top 25Initially submit to all relevant Law Journals or the top 25 Look at each law review’s submission guidelinesLook at each law review’s submission guidelines Use electronic submission services : Berkeley Electronic Press Site forUse electronic submission services : Berkeley Electronic Press Site forLegal Scholars; Social Science Research Network (SSRN):Legal Scholars; Social Science Research Network (SSRN): A copy of the paper, preferably in PDF formatA copy of the paper, preferably in PDF format An abstract of the paperAn abstract of the paper Keywords describing the paperKeywords describing the paper JEL (Journal of Economic Literature) Codes, if any. On the JEL codes,JEL (Journal of Economic Literature) Codes, if any. On the JEL codes,see http://www.aeaweb.org/journal/jel_class_system.php. For papers lacking an economic element, a JEL code insee http://www.aeaweb.org/journal/jel_class_system.php. For papers lacking an economic element, a JEL code inthe K1, K2, K3 or K4 categories should be appropriate. For more detail on these codes,the K1, K2, K3 or K4 categories should be appropriate. For more detail on these codes,see http://www.aeaweb.org/jel/guide/jel.php?class=K.see http://www.aeaweb.org/jel/guide/jel.php?class=K. A list of journals to which the paper should be submitted for distribution. You shouldA list of journals to which the paper should be submitted for distribution. You shouldreview http://papers.ssrn.com/sol3/displayjournalbrowse.cfm to identify the journals in question. It is importantreview http://papers.ssrn.com/sol3/displayjournalbrowse.cfm to identify the journals in question. It is importantthat this be done with some care, because papers may only appear slowly, if at all, in the appropriate subjectthat this be done with some care, because papers may only appear slowly, if at all, in the appropriate subjectmatter journals if the selection process is left to SSRNmatter journals if the selection process is left to SSRN Use free Submission forms on each journals websiteUse free Submission forms on each journals website Ian Randle PublishersIan Randle Publishers Timing – Mid march – April & Mid August – SeptemberTiming – Mid march – April & Mid August – September10Copying and redistributing these slides areprohibited without prior authorization
    • 11. Requirements for Journal Submissions/PostRequirements for Journal Submissions/PostAcceptanceAcceptance Cover Letter with a brief abstractCover Letter with a brief abstract WordPerfect or Word form,WordPerfect or Word form, Times New Roman, 12 pointTimes New Roman, 12 point Page or Word limitsPage or Word limits Request to see all changes prior to printingRequest to see all changes prior to printing After acceptance retain copyright and grant theAfter acceptance retain copyright and grant thejournal only non exclusive copyrights to the paperjournal only non exclusive copyrights to the paper Promote your paper (marketing – Social Media etc.)Promote your paper (marketing – Social Media etc.)11Copying and redistributing these slides areprohibited without prior authorization
    • 12. CopyrightCopyrightLicenses/Versions/IndentifiersLicenses/Versions/Indentifiers Author retains copyrightAuthor retains copyright Non-exclusive temporary licenseNon-exclusive temporary license Allow authors to self archiveAllow authors to self archive Distribution rights/venuesDistribution rights/venues Clear policy on article version terminologyClear policy on article version terminology Clear marking on faculty members’ digitalClear marking on faculty members’ digitaldepositsdeposits Use of persistent identifies/DOIUse of persistent identifies/DOICopying and redistributing these slides areprohibited without prior authorization 12
    • 13. ReferencesReferences Campbell, K., Vick, D. W., Murray, A. D., & Little, G. F. (1999). Journal Publishing, Journal Reputation,and the United Kingdoms Research Assessment Exercise. Journal Of Law & Society, 26(4), 470.Retrieved from EBSCOhost April 29, 2013 Closen, M. L &. Jarvis R. T. M. (1992) The National Conference Of Law Reviews Model Code Of(1992) The National Conference Of Law Reviews Model Code OfEthics: Final Text And Comments , Law Review 75 Marq. L Rev 509 (1992).Ethics: Final Text And Comments , Law Review 75 Marq. L Rev 509 (1992). Craik, N., Bryden, P., & Ireton, K. (2011). Law Review: Scholarship and Pedagogy in Canadian LawJournals. Queens Law Journal, 36(2), 393-441 Retrieved from EBSCOhost April 29, 2013 Keele, B. J. & Pearse, M. (2012). How Librarians Can Help Improve Law Journal Publishing. 104 LawLibr. J. 383 (2012). Retrieved from Heinonline April 20, 2013. Koulikov, M. (2010). Indexing and Full-Text Coverage of Law Review Articles in Nonlegal Databases:An Initial Study. Law Library Journal, 102(1), 39-57. Retrieved from EBSCOhost April 29, 2013 Lebovits, G. (January , 2006). Academic legal Writing : How to Write and Publish. New York State BarJournal. 78-Jan N.Y. St B.J. 64. Retrieved from Westlaw April 25, 2013. McCormack, N. (2009). Peer Review And Legal Publishing: What Law Librarians Need To KnowAbout Open, Single-blind ,And Double-blind Reviewing Law Library Journal Vol. 101:1 [2009-3].Retrieved from Heinonline April 13, 2013. Thompson, J. (1996). Teaching Legal Research to Faculty: Accommodating Cultural And Learning StyleDifferences. 88 Law. Libr. J. 280 1996. Retrieved from Heinonline April 13, 2013. Volokh, E & Schwartz G.T. (2007). Academic Legal Writing: Law Review Articles, Student Notes,Seminar Papers, And Getting On Law Review. Foundation Press, New York, 3rdEd.13Copying and redistributing these slides areprohibited without prior authorization

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