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Articles 1 - 30 of 92
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Applying Motivation Theory To Improve 1ls' Motivation, Self-Efficacy, And Skill Mastery, Nathan A. Preuss
Applying Motivation Theory To Improve 1ls' Motivation, Self-Efficacy, And Skill Mastery, Nathan A. Preuss
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This article discusses how understanding two motivation and learning theories- expectancy-value and attribution-can help instructors to improve first-year law students' motivation, self-efficacy, and mastery of the knowledge and skills needed for success in law school as well as in their future careers
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
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No abstract provided.
The Struggle With Basic Writing Skills, Ann Nowak
The Struggle With Basic Writing Skills, Ann Nowak
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No abstract provided.
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
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Judicial decision-making is not a neutral and logical enterprise that involves applying clear rules to agreed-upon facts. Legal educators can and should help students learn more about how judges actually go about making their decisions. The study of re-imagined judicial decisions, such as the alternative judgments from various Feminist Judgments Projects, can enrich the study of law in multiple ways. First, seeing a written decision that differs from the original can help students think “outside the box” constructed by the original opinion by showing them a concrete example of another perspective written in judicial language. Second, the rewritten judgments show …
Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin
Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin
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No abstract provided.
Information Literacy In A Fake/False News World: An Overview Of The Characteristics Of Fake News And Its Historical Development, Carol A. Watson
Information Literacy In A Fake/False News World: An Overview Of The Characteristics Of Fake News And Its Historical Development, Carol A. Watson
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Prior to designing strategies and information literacy programs to combat the dissemination and proliferation of fake/false news, it is instructive for legal information professionals to understand the characteristics of fake news and the context of its historical development.
Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath
Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath
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In this piece written for Legal Writing: The Journal of the Legal Writing Institute, Professor Lori D. Johnson provides a compelling review of new publication co-authored by William S. Boyd Law Professor Linda L. Berger.
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi
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Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory. …
Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
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In this introduction to an online symposium on Feminist Judgments: Rewritten Opinions of the United States Supreme Court, the editors of this groundbreaking project reflect on the journey and what remains to be done.
Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman
Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman
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Professor Pollman writes a tribute to The Journal of the Legal Writing Institute.
Securing Professional Development: Getting To Yes, Caroline Osborne, Carol A. Watson, Amy J. Eaton
Securing Professional Development: Getting To Yes, Caroline Osborne, Carol A. Watson, Amy J. Eaton
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This article provides tips for employees seeking funding and training, and how supervisors can balance priorities and respond to requests.
Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi
Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi
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In this book chapter, Professor Berger argues for thoughtful metaphor-making and storytelling in legal writing. Exploring legal rhetoric with an eye for gender justice, she argues metaphor and narrative shape perspective and ask the reader to join the writer in the imaginative work of seeing one thing as another. The same shift in perspective that leads to re-conception—a shift that takes advantage of metaphor and narrative’s ability to say what only they can say—is what writers aim to achieve when they use metaphor and narrative for feminist and social justice advocacy.
Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin
Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin
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No abstract provided.
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson
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Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of …
Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards
Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards
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On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.
The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …
When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger
When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger
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This chapter undertakes an ideological rhetorical analysis of several key provisions of Chapters 3 and 4 of the American Bar Association’s Standards for Approval of Law Schools, specifically, the interrelated provisions that regulate the curriculum and specify the required conditions of employment for the faculty of a law school. The analysis of selected ABA Standards regulating curricula and faculty supports rhetorical analyst Sonja Foss’s conclusion that the “dominant ideology controls what participants see as natural or obvious by establishing the norm. . . . [and] provides a sense that things are the way they have to be as it asserts …
Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister’S “Time To Blossom”, Paul Mclaughlin
Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister’S “Time To Blossom”, Paul Mclaughlin
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In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.
Leveraging Academic Law Libraries To Expand Access To Justice, Paul Mclaughlin
Leveraging Academic Law Libraries To Expand Access To Justice, Paul Mclaughlin
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Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.
Conveying The Merits Of Print Sources To The Google Generation, Paul Mclaughlin
Conveying The Merits Of Print Sources To The Google Generation, Paul Mclaughlin
Scholarly Works
No abstract provided.
Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone
Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone
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Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …
Opinion & Dissent: Magic Words, Lori D. Johnson
Writing Specialist As Rescue Club, Joan W. Howarth
Writing Specialist As Rescue Club, Joan W. Howarth
Scholarly Works
In this column in The Second Draft, a biennial online publication of the Legal Writing Institute featuring essays, book reviews, and shorter articles of interest to legal writing professionals, Professor Joan Howarth discusses the importance of her Writing Specialist, a key member of her faculty while Dean of Michigan State School of Law.
Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger
Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger
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An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”
My …
Speaking Of Stories And Law, Linda H. Edwards
Speaking Of Stories And Law, Linda H. Edwards
Scholarly Works
A recurring question in narrative scholarship has been the relationship of narrative to law. Most narrative scholars agree that stories are central to law. As Stephen Paskey recently pointed out, stories are more than a tool for persuasion. They are embedded in law’s very structure. But how does that work? Are rules just stories articulated in a different form?
We have barely begun to explore narrative’s roles, but it is already clear that, in the words of Meryl Streep, “it’s complicated.” A conceptual map of what we’ve learned so far can help us unpack the complexity. Otherwise we may run …
“Law &” Meets “Law As”, Linda L. Berger
“Law &” Meets “Law As”, Linda L. Berger
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Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.
Research Instruction And Resources In The Transactional Skills Classroom: Approaches To Incorporating Research Instruction Into Transactional Skills Courses, Lori D. Johnson, Jeanne Price, Eric H. Franklin
Research Instruction And Resources In The Transactional Skills Classroom: Approaches To Incorporating Research Instruction Into Transactional Skills Courses, Lori D. Johnson, Jeanne Price, Eric H. Franklin
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Professors Lori Johnson, Jeanne Price, and Eric Franklin discuss methods of teaching legal research skills in the context of a transactional law class.
Finishing The Job Of Legal Education Reform, Mary Beth Beazley
Finishing The Job Of Legal Education Reform, Mary Beth Beazley
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In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …
Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley
Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley
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Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …
What Do We Owe The Pro Se Litigant?, Nathan A. Preuss
What Do We Owe The Pro Se Litigant?, Nathan A. Preuss
Scholarly Works
No abstract provided.
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Scholarly Works
There is something useful, indeed beautiful, about a work that carefully and eloquently explores a new idea or reexamines an old one. The Nature of Legislative Intent is therefore useful and beautiful, and it offers much of philosophical value for textualist and non-textualist alike. but it offers little of practical consequence and is therefore unlikely to advance the ball outside of the hall of academia, not simply because of the failure of judges to take legal scholarship seriously (which is there loss, as well as sosciety's), but because on its own terms it cannot.