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Full-Text Articles in Law
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.
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 …
Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards
Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards
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In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …
Legal Writing: A Doctrinal Course, Linda H. Edwards
Legal Writing: A Doctrinal Course, Linda H. Edwards
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Legal writing instruction in American law schools has come a long way. Although scattered experiential courses and co-curricular activities have existed since legal education moved into a university setting, the modern era of skills education began in the 1950s and 1960s, with the creation of live-client clinics at many law schools. Early legal writing programs soon followed, moving into the main stream of curricular reform during the 1980s and 1990s. As these new courses and new instructors moved into the academy, the language of legal education naturally changed. Law faculties found themselves wanting to describe these new additions to the …
Across The Curriculum: Integrating Transactional Skills Instruction, Jean M. Whitney, Lori D. Johnson, Richard A. Rawson
Across The Curriculum: Integrating Transactional Skills Instruction, Jean M. Whitney, Lori D. Johnson, Richard A. Rawson
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No abstract provided.
Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik
Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik
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No abstract provided.
Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport
Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport
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This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
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We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing "a sea-change," family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income.
This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …
Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh
Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh
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No abstract provided.
A Reflective Rhetorical Model: The Legal Writing Teacher As Reader And Writer, Linda L. Berger
A Reflective Rhetorical Model: The Legal Writing Teacher As Reader And Writer, Linda L. Berger
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Like most writing teachers, the legal writing teacher believes that his reading and response to student work is the most important thing he does, an importance that is underscored by the amount of time it takes. Yet, despite its importance and the hours it consumes, the rhetoric of teacher reading and writing remains relatively unexplored. This article proposes that we begin to apply what we have learned about student reading and writing to our own reading and writing. Our process of reading and responding to student work should be as reflective and rhetorical as the reading and writing process that …
Applying New Rhetoric To Legal Discourse: The Ebb And Flow Of Reader And Writer, Text And Context, Linda L. Berger
Applying New Rhetoric To Legal Discourse: The Ebb And Flow Of Reader And Writer, Text And Context, Linda L. Berger
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Applying New Rhetoric to law school pedagogy, this article suggests an ebb and flow of reader and writer, text and context drawn from New Rhetoric theory, research, and teaching practices. Almost all legal writing scholarship now focuses on some aspect of New Rhetoric. Yet it is likely that the product approach still prevails in the places where the papers are graded, in part because it is the more familiar and straightforward way that papers have always been graded. What follows is an initial attempt to more fully apply New Rhetoric theory and research to the teaching of legal reading and …