Copyright (c) 2009 All rights reserved. http://works.bepress.com/judith_fischer Recent documents in Judith D. Fischer en-us Sun, 31 May 2009 07:50:56 PDT 3600 http://works.bepress.com/judith_fischer/17 http://works.bepress.com/judith_fischer/17 Thu, 13 Dec 2007 08:29:18 PST This review of Judge Richard Posner's Little Book of Plagiarism concludes that the book adds to the discussion of plagiarism by noting the topic's gray areas and proposing criteria for identifying plagiarism. Posner states that plagiarism occurs when a writer who copies another's language or ideas both conceals the copying and induces readers' reliance. By discussing plagiarism in different settings, including novels, court opinions, professors' work, and student work, the book shows why analysis of the offense and its consequences must be nuanced. Professors should be warned that in places Posner seems to minimize the gravity of student copying, especially when he states that plagiarism may be a rational choice for the student who derives benefit from it. He also says the main victims of student plagiarism are the student and his or her peers, omitting reference to clients and the courts, who reap the long-term consequences of incompetent student work. Those points, though, can be balanced against Posner's statement elsewhere in the book that student plagiarism may deserve harsh penalties. Judith D. Fischer Legal Writing http://works.bepress.com/judith_fischer/16 http://works.bepress.com/judith_fischer/16 Fri, 28 Sep 2007 12:10:41 PDT This article analyzes hundreds of cases involving unprofessionalism in legal writing. Lawyers' errors included poor research, misrepresentation of facts, poor organization, wordiness, typographical errors, untimely filings, breach of court rules, and grammar, spelling, punctuation, and citation errors. Consequences for the lawyers included disbarment, suspension from practice, monetary sanctions, dismissal of cases, and judges' reprimands. Judith D. Fischer Legal Writing http://works.bepress.com/judith_fischer/15 http://works.bepress.com/judith_fischer/15 Fri, 28 Sep 2007 11:19:25 PDT This is a discussion of the meaning and background behind some of Shakespeare's references to lawyers. It explains the common misinterpretation of the famous quotation "Let's kill all the lawyers." The line actually compliments lawyers, indicating that those who want anarchy must first get rid of lawyers. Review of Daniel J. Kornstein's book, Kill All the Lawyers? Shakespeare's Legal Appeal (1994). Judith D. Fischer Legal Writing http://works.bepress.com/judith_fischer/14 http://works.bepress.com/judith_fischer/14 Fri, 28 Sep 2007 11:05:26 PDT This article presents examples of lawyers who were fined or rebuked for filing wordy documents and suggests practical ways to eliminate wordiness from legal writing. Judith D. Fischer Legal Writing http://works.bepress.com/judith_fischer/13 http://works.bepress.com/judith_fischer/13 Fri, 28 Sep 2007 10:51:28 PDT This article discusses fraudulent consent to sexual intercourse as a defense to paying child support. In two separate cases, men had intercourse with women they were not married to. The women bore babies as a result, and they sought child support payments from the fathers. The men said that the women had fraudulently obtained their consent to intercourse by falsely representing that they were using birth control. Therefore, they alleged, the women were liable for "conversion" of their semen, and the men should be excused from paying child support. The article concludes that, even if the men have viable claims for conversion, public policy prevents their obtaining a waiver of child support as damages. Judith D. Fischer Women's Reproductive Issues http://works.bepress.com/judith_fischer/12 http://works.bepress.com/judith_fischer/12 Thu, 27 Sep 2007 12:25:18 PDT This article discusses whether termination of an older worker in order to hire a younger worker for less money should be construed as a violation of the Age Discrimination in Employment Act (ADEA). Drawing on scholarship from the fields of education, business psychology, sociology, and the law, the article concludes that allowing salary-based terminations is bad public policy. In additional to harming the terminated workers, such terminations also affect the remaining employees' morale and send younger workers the message that if they work hard and achieve high salaries, they will become prime targets for termination. The article also critiques the current corporate climate of excessive reliance on the bottom line and excessively high executive salaries. Judith D. Fischer Age Discrimination in Employment http://works.bepress.com/judith_fischer/11 http://works.bepress.com/judith_fischer/11 Thu, 27 Sep 2007 12:21:01 PDT This article analyzes courts' reactions to lawyers' errors ranging from poor research to grammatical and citation errors. Consequences for the lawyers ranged from reproaches to fines and even disbarment. Judith D. Fischer Legal Writing http://works.bepress.com/judith_fischer/10 http://works.bepress.com/judith_fischer/10 Thu, 27 Sep 2007 12:16:36 PDT This article compares students at a new law school in the spring of 1996 with students studied in previous surveys. The respondents' school had a student-supportive environment and a faculty that was more diverse than average. Respondents reported that some women and minority students felt less competent in law school than before, but the percentage of such students was lower than the percentages at previously-studied law schools. The study also reported that some student respondents (although a lower percentage than in previous studies) thought women and minority professors had a higher burden of proving competence than did white male professors. The students also reported a positive effect from having diverse role models on the faculty. The article concludes that minority and all women students at the new school fared better in self-esteem and classroom involvement than respondents in comparison studies. Judith D. Fischer Women in Law School http://works.bepress.com/judith_fischer/9 http://works.bepress.com/judith_fischer/9 Thu, 27 Sep 2007 12:08:39 PDT Based on an analysis of the Irvine fertility scandal and other fertility cases, this article recommends that a conversion claim should be available to those whose genetic material has been misappropriated in fertility treatment. Judith D. Fischer Women's Reproductive Issues http://works.bepress.com/judith_fischer/8 http://works.bepress.com/judith_fischer/8 Thu, 27 Sep 2007 12:00:08 PDT This article reports a study about student ratings of professors (sometimes called "student evaluations of teaching"). Survey respondents were teachers of legal writing in U.S. law schools. Their advice about improving teaching included being prepared for class, respecting the students, and caring about the students. Advice tailored specifically to the student ratings included being "upbeat," not giving grades before the students complete the evaluation forms, and laying groundwork before presenting unpopular topics. The article also references biases and negative effects of student ratings. Judith D. Fischer Student Evaluations of teaching