Legal Studies Research Paper Series

  • John F. Coyle and Katherine C. RichardsonForum selection clauses are a staple of modern business law in the United States. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice. Are there any states that refuse to enforce these clauses? Among states that recognize the presumptive validity of these clauses, how frequently are they enforced? Under what circumstances, exactly, will state courts deem these clauses […]
  • Joshua D. Blank and Leigh OsofskyThrough online tools, virtual assistants and other technology, governments increasingly rely on artificial intelligence to help the public understand and apply the law. The Internal Revenue Service, for example, encourages taxpayers to seek answers regarding various tax credits and deductions through its online “Interactive Tax Assistant.” The U.S. Army directs individuals with questions about enlistment to its virtual guide, “Sgt. Star.” And the U.S. Citizenship and Immigration Services suggests that potential green card holders and citizens speak with its interactive chatbot, “Emma.” Through such automated legal guidance, the government seeks to provide advice to the […]
  • Mary-Rose PapandreaThe most famous line from Tinker v. Des Moines Independent School District is that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” People who know only this line from Tinker—and the victory it gave to the Vietnam-war protesting students—likely think of it as an incredibly speech-protective decision. It turns out that although Tinker contains lofty language about the importance of student speech rights, it sowed the seeds for the erosion of those very same rights. In the past fifty years, First Amendment protection […]
  • Kevin BennardoThis essay argues that many in the legal writing discipline view themselves in a way that is harmful to the discipline's success. First, the essay establishes that many legal writing professors view themselves as victims of oppression within the legal academy. Second, it relies on social psychology research to demonstrate that viewing oneself as a victim carries consequences. Groups that self-identify as victims tend to have an elevated sense of in-group solidarity and a diminished sense of personal responsibility. These attributes are both present in the legal writing community. Third, the essay demonstrates that these attributes are harmful in […]
  • Aaron Kirschenfeld and Kent OlsonThis is a draft chapter for Principles of Legal Research, 3d (Kent Olson, Aaron Kirschenfeld & Ingrid Mattson, forthcoming 2020). This chapter covers topics of business and industry research, practitioners' materials and news, and transactional drafting resources. The authors believe it is the first chapter of its kind to focus on legal research in the context of transactional practice within work of general legal bibliography.