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Full-Text Articles in Law

References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams Jul 2016

References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams

Faculty Publications

"Think of the poor judge who is reading ... hundreds and hundreds of these briefs," says Chief Justice John G. Roberts, Jr. "Liven their life up just a little bit. . . with something interesting." Lawyers can "liven up" their briefs with references to television shows generally known to Americans who have grown up watching the small screen. After discussing television's pervasive effect on American culture since the early 1950s, this Article surveys the array of television references that appear in federal and state judicial opinions. In cases with no claims or defenses concerning the television industry, judges often help …


Respectful Identifiers, Douglas E. Abrams Jul 2016

Respectful Identifiers, Douglas E. Abrams

Faculty Publications

The bills teach that respectful legal writing replaces outdated identifiers of race, ethnicity, sexual orientation, religion, disability or challenge, or other differences among identifiable groups in American society. As Professors Laurel Currie Oates and Anne Enquist advise, respect normally means identifying a group by a name commonly preferred by its members in everyday communication.


Long Ideas, Short Words, Douglas E. Abrams May 2016

Long Ideas, Short Words, Douglas E. Abrams

Faculty Publications

This article urges lawyers to invigorate their writing with short words that forcefully and accurately present fact and law For legally trained and lay readers alike, law and public policy are complex enough as it is. Lawyers serve their clients and causes most effectively with the simplest possible writing that, in the context as the lawyer perceives it, conveys the intended message.


More Talking, More Writing, Andrea Boyack Apr 2016

More Talking, More Writing, Andrea Boyack

Faculty Publications

Coming from a lifetime of more passive learning, where tests demanded mere recall of specific facts, new law students often find it hard to transition into a more active learning model, where exams require students to explain and apply, not just remember. The only way to smooth the transition, I believe, is to give students ample opportunities to practice articulating legal rules and applications prior to the exam. After all, our goal for our law students is not mere familiarity with legal rules, but fluency in applying and articulating legal concepts.


Writing In Law Reviews, Bar Association Journals, And Blogs (Part Ii), Douglas E. Abrams Mar 2016

Writing In Law Reviews, Bar Association Journals, And Blogs (Part Ii), Douglas E. Abrams

Faculty Publications

Lawyers commonly write as their clients' representatives, but many lawyers also do "extracurricular writing" in non-representational roles. A few years ago in Precedent (The Missouri Bar's former quarterly magazine), I wrote about lawyers who publish newspaper op-ed columns (essays appearing "opposite the editorial pages") and letters to the editor. The present two-part article explores three additional extracurricular writing opportunities open to lawyers. In the Journal's January-February issue, Part 1 discussed writing or co-writing in law reviews. Part 2 now concludes by discussing writing opportunities in bar association journals and on blogs.


Yellow Flag Fever: Describing Negative Legal Precedent In Citators, Aaron S. Kirschenfeld Jan 2016

Yellow Flag Fever: Describing Negative Legal Precedent In Citators, Aaron S. Kirschenfeld

Faculty Publications

No abstract provided.


Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams Jan 2016

Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams

Faculty Publications

Lawyer's commonly write as the client's representative, but this article explores three opportunities for lawyers who wish also to write sometimes in non-representational roles. Part I here discusses writing or co-writing law review articles.