Law Commons^™

The Trouble With Amicus Facts, Allison Orr Larsen

Faculty Publications

The number of amicus curiae briefs filed at the Supreme Court is at an all-time high. Most observers, and even some of the Justices, believe that the best of these briefs are filed to supplement the Court’s understanding of facts. Supreme Court decisions quite often turn on generalized facts about the way the world works (Do violent video games harm children? Is a partial birth abortion ever medically necessary?). To answer these questions, the Justices are hungry for more information than the parties and the record can provide. The consensus is that amicus briefs helpfully add factual expertise to the …

An Offer They Can’T Refuse: Teaching Persuasive Writing Through A Settlement Offer Email Assignment, Alyssa Dragnich, Rachel H. Smith

Faculty Publications

(Excerpt)
Do you catch more flies with honey than with vinegar? Our first-year legal writing students had to confront this question as part of a new assignment we introduced in the spring of 2014 that required them to write an email settlement offer to opposing counsel. This assignment fit easily into our trial and appellate brief assignments, allowed students to learn about persuasive writing in a new format, and helped students experience a bit of the creativity of law practice.

At Miami Law, we follow a fairly traditional model for a two-semester legal writing curriculum. In the fall, students learn …

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, …

Report Of The Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Aals Committee On Libraries And Technology, Subcommittee On Law Library Reporting Structures, Anne Klinefelter, Kay L. Andrus, Joanne A. Epps, Frank Liu, Susan Nevelow-Mart, Spencer Simons

Faculty Publications

The reporting structure for academic law libraries is a topic of renewed debate. Tradition and accreditation standards for law schools have supported law school oversight of law libraries to ensure that library services would focus on the goals of the law school. Because legal research has been considered a bedrock component of legal education and legal practice, law libraries have long been closely aligned with law schools. However, new information technologies, increased pressures for efficiencies, growing interest in interdisciplinary work, and growing interdisciplinary demand for lawyer librarian expertise in information law have inspired questions about potential advantages of strengthening the …

A Promising Beginning, Jeremiah A. Ho

Faculty Publications

When I began teaching at the University of Massachusetts in August 2012, one of my first encounters was with the newly-formed UMass Law Review. The editorial staff was wrapping up its initial preparations for publishing the inaugural volume. Now, over a year later, those nascent processes have since been refined; the inaugural year is over. We are excited to say that the UMass Law Review enters its sophomore year with this current issue, affectionately dubbed “9:1”.

Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer

Faculty Publications

One of the most important contributions a law school can make is to the development of the law through scholarly research. As one of the three pillars of being an academic-the other two being teaching and service-producing legal scholarship in one's respective area of expertise is an enterprise that nearly all law schools would like to support. However, during these challenging times for legal education arising from enrollment declines and the resultant adverse budgetary impacts, fully supporting legal scholarship can be particularly challenging. Having served as Associate Dean for Research I at Washington & Lee University School of Law ("W …

Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, David I.C. Thomson, Ian Gallacher, Amy R. Stein, Robin Boyle

Faculty Publications

(Excerpt)

This article, based on a presentation that we gave at the AALS conference in New York in January of 2014, suggests that technology opens up new possibilities for law schools by allowing students from different schools to participate in complex inter-school simulations that can, if carefully prepared, teach important lessons about lawyering skills, behavior, and provide rich opportunities for the development of professional identity. It can, in short, deepen and enrich the experiential learning opportunities that law schools offer. The article does not propose that law school faculty should teach or grade students from another school, but that the …