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Articles 1 - 30 of 34
Full-Text Articles in Law
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.
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis
Touro Law Review
No abstract provided.
Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh
Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh
Touro Law Review
No abstract provided.
Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow
Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow
Touro Law Review
No abstract provided.
"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy
"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy
Touro Law Review
No abstract provided.
Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor
Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor
Touro Law Review
No abstract provided.
Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re
Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re
Touro Law Review
No abstract provided.
Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver
Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver
Akron Law Faculty Publications
This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …
They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath
They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath
Akron Law Faculty Publications
Many 1L students do not understand that written comments have different purposes and varying degrees of importance. In addition, students often do not fully appreciate the importance of editing in stages. Color-coding comments is one way to help students both distinguish between different comments and incorporate comments during the revision process.
Color-coded comments are particularly useful early in the semester when students are revising drafts. Color-coded comments allow students to identify the “type” of comment (e.g. organizational vs. grammatical) before reading the substance of the comment, allowing for better comprehension of the comment. In addition, color coded comments can help …
Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 23, No. 1 (Fall 2014), Dale Margolin Cecka
Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 23, No. 1 (Fall 2014), Dale Margolin Cecka
Law Faculty Publications
Contents
Learning Styles and Problem-Solving: What Difference Does Our Teaching Make?, by Eric DeGroff, Professor of Law at Regent University
Chair’s Column, by Professor Jim Moliterno
Section’s Website Update
Law Faculty News
News and Events Around the Commonwealth
CALL FOR NOMINATIONS William R. Rakes Leadership in Education Award
2014-2015 Board of Governors
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
Scholarly Works
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 …
In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman
In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman
Law Faculty Articles and Essays
This article shows how to use works of art to demonstrate essential components of effective legal writing. Part I discusses the learning theory under pinning the use of visual lessons. Part II describes the lessons themselves. Part III explains the benefits--both direct and indirect--that result from using visual lessons to teach law and summarizes student responses to the use of these lessons in first-year legal writing. The conclusion suggests ways in which this technique might be extended and adapted to teach not only legal writing but also other law school courses.
Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft
Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft
Law Faculty Popular Media
In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.
Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood
Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood
Law Faculty Popular Media
In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
George Orwell's Classic Essay On Writing: The Best Style Handbook For Lawyers And Judges, Douglas E. Abrams
George Orwell's Classic Essay On Writing: The Best Style Handbook For Lawyers And Judges, Douglas E. Abrams
Faculty Publications
As Orwell's title intimates, the essay included criticism of political writing done by government officials and private observers. The essay's staying power, however, transcends the political arena. By calling on writers of all persuasions to "simplify your English," Orwell helped trigger the plain English movement, which still influences legislators, courts, administrative agencies, and law school legal writing classes.
This article proceeds in two parts. First I describe how judges, when they challenge colleagues or advocates in particular cases, still quote from Orwell's plea for clear expression and careful reasoning. Then I present Orwell's diagnosis of maladies that plagued contemporary prose, …
Writing Can Be Taught And Assessed, Beth Cohen
Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One—It’S Not What You Offer; It’S What You Require – Part Ii (In A Three-Part Series), Adam Lamparello, Charles Maclean
Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One—It’S Not What You Offer; It’S What You Require – Part Ii (In A Three-Part Series), Adam Lamparello, Charles Maclean
Adam Lamparello
This essay (part two of a three-part series) strives to begin a collaborative discussion with legal writing, clinical, and doctrinal faculty about what “change” in legal education should mean. In Part I, the authors rolled out a blueprint for transformative change in legal writing pedagogy, which includes: (1) more required skills courses that mirror the actual practice of law; (2) a three-year program that includes up to four writing credits in every semester; and (3) increased collaboration between legal writing professors and doctrinal faculty. In this essay, we get more specific, and propose a three-year legal writing curriculum that builds …
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Faculty Articles and Other Publications
In this chapter from Living In A Law Transformed: Encounters With The Works Of James Boyd White, Professor Eisele discusses the inspiration provided him by White's writing.
Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello
Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello
Adam Lamparello
Law schools have an ethical duty to train effective legal writers who understand that the skills acquired in law school are intended to serve something greater than themselves — the bench, bar, and broader community. Training good writers — and good people — can happen by creating a writing curriculum that focuses on persuasive advocacy, public service, and honest legal representation from the first semester to the last. This change will be a challenge to legal writing professors everywhere, but with proper institutional support and collaboration, law schools can prepare their students for a profession “that depends on flawless writing, …
Requiring Three Years Of Real-World Legal Writing Instruction: Law Students Need It; Prospective Employers Want It; The Future Of The Legal Profession Demands It, Adam Lamparello, Charles Maclean
Requiring Three Years Of Real-World Legal Writing Instruction: Law Students Need It; Prospective Employers Want It; The Future Of The Legal Profession Demands It, Adam Lamparello, Charles Maclean
Adam Lamparello
Part I of this three-part series set forth a blueprint for change. In this essay, we get more specific and propose a three-year legal writing curriculum that is designed to mirror the actual practice of law, from start to finish, and provide alternative paths for students who prefer to focus on transactional drafting or alternative dispute resolution. In so doing, we include: (1) required courses for each of the six semesters of law school; (2) a discussion of the practical skills that students will acquire in each course; (3) electives that students may take to complement their required courses; and …
Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd
Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd
Adam Lamparello
Show, Don’t Tell is designed to help all members of the legal profession learn to effectively draft the most common litigation documents. Far too many books offer tips and advice about good writing, but don’t actually show the reader specific examples of good writing or show the reader why examples offered are effective. The authors have read many books on legal writing, but once we learned the basics of legal writing, we didn’t learn anything in those books to make us better writers. Why? We were exposed to the best theories, but never given practical, how-to tips to turn book …
Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean
Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean
Adam Lamparello
So, why didn’t they teach me this in law school?” The problem has nothing to do with ‘bad’ or uncaring teachers, but with a pedagogical approach that mistakenly divorces the acquisition of legal knowledge—and practical skills training—from their functional roles in the real world. In law school, students are typically required to write a memorandum or an appellate brief, but without knowing how each document fits into the broader context of actual law practice, the student’s ability to put that knowledge to practical use is limited. Every litigation document, whether it is, for example, a legal memorandum, complaint, motion to …
Public Policy Research & Drafting: A Pro Bono And Law Library Collaboration, Tara L. Casey, Suzanne B. Corriell
Public Policy Research & Drafting: A Pro Bono And Law Library Collaboration, Tara L. Casey, Suzanne B. Corriell
Law Faculty Publications
As the Carrico Center for Pro Bono Service at the University of Richmond School of Law continued to grow its programs, forays into the areas of public policy and advanced legal research grew as well. for a number of years, our law students volunteered with nonprofit organizations during the General Assembly session, learning firsthand how issues develop into policy, which sometimes then develops into Jaw. This experience required our students to expand their legal research and writing skills beyond the traditional case law and brief writing methods. Furthermore, a growing number of students were interested in pursuing legislative or public …
The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia
The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia
Law Faculty Publications
While collaboration is familiar to some legal researchers, the field, for the most part, does not seem to implicate the large-scale complexity and cost that has become associated with big science. These logistical differences, combined with a very strong cultural preference in legal academic circles for solitary work, could potentially keep team research from dominating the production of legal knowledge to the same extent that it has come to dominate the production of knowledge in other areas. On the other hand, the dominance of team research outputs and a shift towards team research has been observed in social sciences and …
Taking Images Seriously, Elizabeth G. Porter
Taking Images Seriously, Elizabeth G. Porter
Articles
Law has been trapped in a stylistic straitjacket. The Internet has revolutionized media and communications, replacing text with a dizzying array of multimedia graphics and images. Facebook hosts 150 billion photos. Courts spend millions on trial technology. But those innovations have barely trickled into the black-and-white world of written law. Legal treatises continue to evoke Blackstone and Kent; most legal casebooks are facsimiles of Langdell’s; and legal journals resemble the Harvard Law Review circa 1887. None of these influential forms of disseminating the law has embraced — or even nodded to — modern, image-saturated communication norms. Litigants, scholars and courts …
One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene
One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene
Faculty Scholarship
Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close …
Beyond Contrastive Rhetoric: Helping International Lawyers Use Cohesive Devices In U.S. Legal Writing, Elizabeth R. Baldwin
Beyond Contrastive Rhetoric: Helping International Lawyers Use Cohesive Devices In U.S. Legal Writing, Elizabeth R. Baldwin
Articles
This Article attempts to use linguistics, specifically text analysis and pragmatics, to help explain how and why lawyers who are non-native speakers of English (NNS) struggle with cohesion in their U.S. legal writing. Then in light of that discussion, it offers a four-step, receptive and productive exercise to engage students in contrastive analysis of cohesive features across languages and cultures.
It begins by distinguishing coherence (top-down flow related to rhetorical preferences and organization of content and argument) from cohesion (bottom-up flow related to the surface features that exhibit connections between clauses). As background, it explores the role of cohesion in …
Duty To Rescue? Exploring Legal Analysis Through The Lens Of Photojournalists’ Storytelling Dilemmas, Iselin Magdalene Gambert
Duty To Rescue? Exploring Legal Analysis Through The Lens Of Photojournalists’ Storytelling Dilemmas, Iselin Magdalene Gambert
GW Law Faculty Publications & Other Works
In depicting scenes of tragedy, what happens when photojournalists become the story? Do photojournalists have a duty to rescue those they photograph? Should they? This article will use a series of iconic images – and the stories of the photojournalists behind the camera – to illustrate how exploring these questions can be a provocative vehicle through which to engage new law students in legal writing and analysis. The article focuses on an exercise that centers around a fictional “Duty to Rescue” statute modeled after European statutes of the same kind. The exercise is anchored by four images – three still …
The Doctrine Of Legal Writing - Book Review Of Linda H. Edwards's Readings In Persuasion: Briefs That Changed The World, Lucille Jewel
The Doctrine Of Legal Writing - Book Review Of Linda H. Edwards's Readings In Persuasion: Briefs That Changed The World, Lucille Jewel
Scholarly Works
In legal education, the word “doctrinal” is most often used to refer to courses such as Contracts, Torts, Property, and Criminal Procedure. Doctrinal has long been used as a descriptive adjective, but also as a word of exclusion. We often hear that legal writing courses are not substantive and not as significant as doctrinal courses. Linda Edwards’s new book, Readings in Persuasion: Briefs that Changed the World, persuasively challenges this view.
This paper evaluates what we mean when we use the term doctrinal in a legal education context and considers six powerful descriptors for the doctrine of legal writing, all …