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Articles 31 - 60 of 184
Full-Text Articles in Law
De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman
De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman
Seattle University Law Review
Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few …
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
Mark Edwin Burge
In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …
Better Briefs, Lydia Fearing
Better Briefs, Lydia Fearing
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming
The Next Great Challenge: Making Legal Writing Scholarship Count As Legal Scholarship, Kristen K. Tiscione
The Next Great Challenge: Making Legal Writing Scholarship Count As Legal Scholarship, Kristen K. Tiscione
Georgetown Law Faculty Publications and Other Works
The Legal Writing Journal published my first article. For that reason alone, it is special to me. As I am sure is true for many legal writing scholars, the Journal helped me find my voice, provided welcome validation, and conferred value on my scholarly effort. I have a copy of each print volume in my office, and like old friends, they are always there when I need them. I miss receiving each new cream and green issue in the mail, devouring it, and adding it to my collection, but the online version is equally pleasing in a different way and …
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
All Faculty Scholarship
No abstract provided.
A Year Of Reading, Jennifer Babcock
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
Law Library Faculty Scholarship
Recommended citation: Paul McLaughlin, Crafting Relatable Tales: Teaching Students the Importance of Multidisciplinary Legal Research Using a Story Arc Structure, 43 Southeastern L. Libr. 1, 16-18 (2018).
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
Kari L. Aamot Johnson
No abstract provided.
Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson
Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson
Maine Law Review
Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …
For Coleen Miller Barger: A Note Of Thanks And Best Wishes, J. Thomas Sullivan
For Coleen Miller Barger: A Note Of Thanks And Best Wishes, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
“Best Practices”: A Giant Step Toward Ensuring Compliance With Aba Standard 405(C), A Small Yet Important Step Toward Addressing Gender Discrimination In The Legal Academy, Kristen K. Tiscione
“Best Practices”: A Giant Step Toward Ensuring Compliance With Aba Standard 405(C), A Small Yet Important Step Toward Addressing Gender Discrimination In The Legal Academy, Kristen K. Tiscione
Georgetown Law Faculty Publications and Other Works
In March 2014, the American Bar Association (ABA) voted to leave Accreditation Standard 405 undisturbed.” The ABA’s decision required law schools to continue to grant tenure to traditional law faculty, yet permitted them to continue to deny tenure to clinical and legal writing faculty. At the same time, recognizing the need for increased professional skills training, the ABA voted to increase the number of experiential credits law students must complete from one to six. As explained to the ABA Council in advance, these two decisions work together to increase the demands on skills faculty, who are predominantly female, yet keep …
Disciplinary Legal Empiricism, Lynn M. Lopucki
Disciplinary Legal Empiricism, Lynn M. Lopucki
Maryland Law Review
This Article reports on an empirical study of one hundred and twenty empirical legal studies published in leading, non-peer-reviewed law reviews and in the peer-reviewed Journal of Empirical Legal Studies. The study is the first to compare studies by disciplinary empiricists—defined as Ph.D. holders—with those by non-disciplinary empiricists—defined as J.D. holders who are not also Ph.D. holders.
The study identifies three differences between disciplinary and non-disciplinary legal empiricism that are relevant to law school faculty hiring decisions. First, because disciplinary empiricists are more likely to collaborate with other disciplinary empiricists, hiring disciplinary empiricists will increase the quantity of legal …
Why Legal Writers Should Think Like Teachers, Laura A. Webb
Why Legal Writers Should Think Like Teachers, Laura A. Webb
Law Faculty Publications
This article proposes that new legal writers can improve their work by “thinking like teachers.” I assert that legal writing is fundamentally educative. Good writing thus requires good teaching. The article discusses the “curse of knowledge,” which makes it difficult for a writer who fully understands her topic to remember how a reader who is less knowledgeable about the topic will approach the material. It then explores three concepts from the science of learning — context, chunking, and connections — and discusses how a writer can use these concepts to effectively teach her readers.
Analogical Reasoning, Susan A. Mcmahon, Sonya G. Bonneau
Analogical Reasoning, Susan A. Mcmahon, Sonya G. Bonneau
Georgetown Law Faculty Publications and Other Works
This chapter from our book Legal Writing in Context aims to demystify analogical reasoning for law students.
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
Scholarly Works
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 …
Before They Even Start: Hope And Incoming 1ls, Barbara Brunner
Before They Even Start: Hope And Incoming 1ls, Barbara Brunner
Barbara Brunner
Newly-accepted law school 1Ls often express interest in how they should spend the summer before starting their fall courses in order to be best prepared for success in their first semester. This desire to have a "leg up" on law school success leads those of us teaching first-year courses to think more deeply about what constitutes a "good preparation" for the unique experiences that new law students will face, and what skills are really necessary to increase their possibilities of success, especially in the first semester. Over the past few years, I have compiled a list of activities which I …
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Articles
Interest in marijuana law continues to grow, due in large part to the complicated and rapidly evolving landscape of marijuana laws in the United States. Nearly every day, newspapers report on new or proposed legislation and the legal controversies that have arisen with regard to this evolving landscape. There are now several marijuana-law blogs on the Internet, Congress is considering sweeping legislation that would essentially grant significant deference to the individual states, and public opinion continues to move in favor of increased legalization. For the last two years, Newsweek magazine has published special editions devoted exclusively to marijuana law and …
From The Editor, Susan Nevelow Mart
What Legal Writers Can Learn From Paint Nite, Beth Cohen, Pat Newcombe
What Legal Writers Can Learn From Paint Nite, Beth Cohen, Pat Newcombe
Faculty Scholarship
Paint Nite activities and adult coloring have captured the nation’s interest and gone mainstream. Creating something on our own is what drives similar trends like the popular Do It Yourself movement and the resurgence of knitting after 9/11. At the same time, these fun, creative activities can provide us with a window into the process of legal writing. Using Paint Nite as a reference point throughout a legal writing course allows faculty to present a holistic view of the writing process and provides a useful analogy for faculty as well as an accessible context for students. Legal writing instructors share …
Toward A Writing-Centered Legal Education, Adam Lamparello
Toward A Writing-Centered Legal Education, Adam Lamparello
Res Gestae
The future of legal education—and experiential learning—should be grounded in a curriculum that requires students to take writing courses throughout law school. Additionally, the curriculum should be one that collapses the distinction between doctrinal, legal writing, and clinical faculty, as well as merges analytical, practical, and clinical instruction into a real world curriculum.
The justification for a writing-intensive program of legal education is driven by the reality that persuasive writing ability is among the most important skills a lawyer must possess and a skill that many lawyers and judges claim graduates lack. Part of the problem is that law schools …
Creac In The Real World, Diane B. Kraft
Creac In The Real World, Diane B. Kraft
Law Faculty Scholarly Articles
This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the "real world" of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on "first-year" issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …
Toward A Writing-Centered Legal Education, Adam Lamparello
Toward A Writing-Centered Legal Education, Adam Lamparello
Adam Lamparello
The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn
Steven D. Schwinn
In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …
How To Have An Effective Student Conference, Karin Mika
How To Have An Effective Student Conference, Karin Mika
Law Faculty Articles and Essays
No abstract provided.
Trending@Rwu Law: Kathryn Thompson's Post: Lifelong Learning Is Key To Successful Lawyering, Kathryn Thompson
Trending@Rwu Law: Kathryn Thompson's Post: Lifelong Learning Is Key To Successful Lawyering, Kathryn Thompson
Law School Blogs
No abstract provided.
Analysis, Research, And Communication In Skills-Focused Courses, Ruth Anne Robbins, Amy E. Sloan, Kristen Konrad Tiscione
Analysis, Research, And Communication In Skills-Focused Courses, Ruth Anne Robbins, Amy E. Sloan, Kristen Konrad Tiscione
All Faculty Scholarship
Since the Carnegie Report and Best Practices for Legal Education were published, a new focus has emerged on building students’ traditional foundational skills through increased opportunities for experiential education, including legal research and writing instruction. Although the Carnegie Report explored legal writing pedagogy in some detail, Best Practices devoted little attention to how foundational analytical, research, and writing skills are or should be taught with specificity, which provided the impetus for more extended treatment here. This section identifies some “better practices” being used and urges adoption of best practices.
In skills-focused courses, legal analysis, research, and writing should be taught …
The 95 Theses: Legal Research In The Internet Age, Amy E. Sloan
The 95 Theses: Legal Research In The Internet Age, Amy E. Sloan
All Faculty Scholarship
No abstract provided.
Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher
Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
Articles
Recent discussions of experiential education have at times considered the role of moot opportunities in legal education. Many, if not most, moot courts and related activities have been designed primarily as competitions. One moot, the Willem Vis International Commercial Arbitration Moot, is different in that it was designed, and has been consistently administered, as a tool for educating future lawyers. That education has included both skills training of the highest order and the development of a doctrinal understanding of important international legal instruments, especially those created and administered by the United Nations Commission on International Trade Law (UNCITRAL). This pair …
Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson
Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson
Touro Law Review
No abstract provided.