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Full-Text Articles in Law

Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks., Jessica E. Price Sep 2006

Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks., Jessica E. Price

ExpressO

In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a practical way, attempting to pass on their own experiences in law practice settings to students. Unfortunately, as other writers have observed, such reliance on personal knowledge about “what lawyers are like” may lead legal writing teachers to oversimplify a complicated matter – the needs and preferences of the audience for legal writing – and may even amount to indoctrination in stereotypes about law practice. This article offers a closer …


The Constitution As Idea: Defining Describing Deciding In Kelo, Marc L. Roark Apr 2006

The Constitution As Idea: Defining Describing Deciding In Kelo, Marc L. Roark

ExpressO

In June 2005, the Supreme Court in a Five to Four Decision marked its most controversial decision in recent memory. The case of Kelo v. City of New London, set off a fire storm of response to the Court’s ruling that economic development takings satisfied the Fifth Amendment. This essay is about Kelo. It is about how the Court uses words, how the defining ability of words create institutional space in which the Court operates, and which defines things beyond the words.


Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman Jan 2006

Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman

NYLS Law Review

No abstract provided.


Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione Jan 2006

Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The author argues that although legal writing faculty know that what they teach is absolutely essential to their students' success, yet it continues to be grossly, even embarrassingly, undervalued in legal education. Doctrinal legal faculty perpetuate the view that legal education is a philosophical endeavor that focuses on the truth about the nature of law and, in the twenty-first century, on the law's ability to serve justice in a multicultural America. Because of their political power, however, doctrinal faculty are able to preserve the task of truth finding for themselves. Since the nature of truth is independent of its practical …