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Applying New Rhetoric To Legal Discourse: The Ebb And Flow Of Reader And Writer, Text And Context, Linda L. Berger

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Applying New Rhetoric to law school pedagogy, this article suggests an ebb and flow of reader and writer, text and context drawn from New Rhetoric theory, research, and teaching practices. Almost all legal writing scholarship now focuses on some aspect of New Rhetoric. Yet it is likely that the product approach still prevails in the places where the papers are graded, in part because it is the more familiar and straightforward way that papers have always been graded. What follows is an initial attempt to more fully apply New Rhetoric theory and research to the teaching of legal reading and …