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Articles 31 - 40 of 40

Full-Text Articles in Law

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. Burge Dec 2009

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. 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 …


The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger Dec 2009

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger

Linda L. Berger

This Article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this Article, we map the contours of a third generation of legal writing scholarship—one that integrates the elements of our professional lives and engages more effectively with our professional communities. The core of …


Opinion Writing And Opinion Readers, Meehan Rasch Dec 2008

Opinion Writing And Opinion Readers, Meehan Rasch

Meehan Rasch

The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …


Once Upon A Time, Happily Ever After, And In A Galaxy Far, Far Away: Using Narrative To Fill The Cognitive Gap Left By Overreliance On Pure Logic In Appellate Briefs And Motion Memoranda, Jennifer L. Sheppard Dec 2008

Once Upon A Time, Happily Ever After, And In A Galaxy Far, Far Away: Using Narrative To Fill The Cognitive Gap Left By Overreliance On Pure Logic In Appellate Briefs And Motion Memoranda, Jennifer L. Sheppard

Jennifer L. Sheppard

This article explores the cognitive effects of narrative and concludes that it is a highly effective persuasive tool because stories appeal to our logic and reason, not just to our beliefs and values. The article identifies the elements of an effective story and explores how lawyers can use narrative in appellate briefs and motion memoranda to tell stories not just about the facts of their clients’ cases, but also about the law. Building on these bases, the article establishes that, in order to craft an effective story in a brief or motion memorandum, a lawyer must tell that story in …


A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruthenberg, Catherine Wasson Dec 2006

A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruthenberg, Catherine Wasson

John C. Dernbach

No abstract provided.


Keeping Students Interested While Teaching Citation, Anna P. Hemingway Jul 2005

Keeping Students Interested While Teaching Citation, Anna P. Hemingway

Anna P. Hemingway

No abstract provided.


The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney Dec 2002

The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.


Reflecting A King's Wisdom: Bridge-Building And Legal Analysis, Randy Lee Dec 1989

Reflecting A King's Wisdom: Bridge-Building And Legal Analysis, Randy Lee

Randy Lee

No abstract provided.


Writing The Statement Of The Case: The "Bear" Necessities, Randy Lee Dec 1988

Writing The Statement Of The Case: The "Bear" Necessities, Randy Lee

Randy Lee

No abstract provided.


Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim Dec 1987

Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim

Frank Pommersheim

No abstract provided.