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Full-Text Articles in Legal Writing and Research
Fake News, Alternative Facts, And Disinformation: The Importance Of Teaching Media Literacy To Law Students, Marin Dell
Fake News, Alternative Facts, And Disinformation: The Importance Of Teaching Media Literacy To Law Students, Marin Dell
Touro Law Review
No abstract provided.
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
Maine Law Review
If one were to ask the members of the Maine legal community to define the term “judicial temperament,” many would answer the question simply by referring to Frank Coffin. Judge Coffin's newest book, On Appeal: Courts, Lawyering, and Judging, illustrates why the Judge has earned such overwhelming respect. This highly personal work permits readers a glimpse “behind the scenes” at the judicial life of a man who has forged a highly successful career of public service marked by sensitive, fair, and well-reasoned decision-making and by good-humored, collegial relationships with all of his colleagues in the legal community and beyond.
On Appeal: Courts, Lawyering, And Judging, John P. Frank
On Appeal: Courts, Lawyering, And Judging, John P. Frank
Maine Law Review
Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson
Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson
Maine Law Review
Access to justice is an important aspirational goal for everyone in the legal profession. Lawyers, however, cannot provide access to justice without adequate practical skills and the tools necessary to complete their work. Lawyers and law students provide many hours of public and pro bono service every year. With the current state of the economy and the record jobless rate, it is likely that the need for low cost and free legal services will continue to grow. In order to carry out the mission of continuing to provide services to those in need, law students must prepare learn the practical …
A Promising Beginning, Jeremiah A. Ho
A Promising Beginning, Jeremiah A. Ho
University of Massachusetts Law Review
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”.
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Touro Law Review
No abstract provided.
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Michigan Law Review
The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Michigan Law Review
In Part I, I expand on the distinction between the Horatian and the Menippean forms of satire and then suggest that a similarly bold division can be used to map satirical legal studies. In support of that argument, I use the example of the earliest surviving satirical legal poem within the Western tradition. My analysis of this exemplary satirical legal artifact delineates four principal modes of legal satire that will organize the ensuing discussion of more contemporary examples of the genre. In Part II, I will address the currently popular and yet somewhat novel mode of ad hominem or nominate …
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
NYLS Law Review
No abstract provided.
Leaving The Ballpark, J. Thomas Sullivan
Leaving The Ballpark, J. Thomas Sullivan
The Journal of Appellate Practice and Process
Justice Stevens’s Sammy Sosa "leaving the ballpark" metaphor in City of Chicago v. Morales is used as a reminder that words may have multiple meanings.
Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson
Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson
Michigan Law Review
I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.
Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon
Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon
Michigan Law Review
The Judge seems to be arguing that both teachers and firm lawyers have been seduced from their real vocation by the fatal attraction of neighboring cultures: the practitioners by the commercial culture of their business clients, the academics by the disciplinary paradigms and prestige of theory in the rest of the university. The "deserted middle ground" is the ground of professional practice - practical, yet also public-minded. Perhaps without straining his thesis too far we could ascribe to Judge Edwards a "republican" view of the legal profession, in which legal scholars, practitioners, judges, legislators, and administrators - despite their separate …
Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse
Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse
Michigan Law Review
I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my …
Law Teachers' Writing, James Boyd White
Law Teachers' Writing, James Boyd White
Michigan Law Review
Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …
Academic Research And Advocacy Research, Victor L. Streib
Academic Research And Advocacy Research, Victor L. Streib
Cleveland State Law Review
Research is something we all do. Some research is a necessary evil, some a delightful passage, some unmitigated drudgery. Our general concern this evening is to hone the concept of legal research, at least as it is manifested by law professors and lawyers. More specifically, how does academic research and advocacy research differ in the world of law and what unique obligations might such differences suggest for the law professoriate? The general issue is the difference, perhaps conflict, between research aimed primarily at discovering truth and expanding knowledge versus research aimed primarily at mounting an argument to achieve victory for …
The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen
The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen
Michigan Law Review
There is a glory, it seems, in the mystery of a language that can be deciphered only by initiates of the secret society; there is a great sense of power and an even greater actuality of power in controlling a language that in turn controls the most pressing affairs of individuals and communities; and there is a monopolistic safety in being able to manipulate a language which because it was part of the creation of legal problems must be part of their solutions as well. It was true in 1921, and it is still true sixty-six years later. This essay …
Address, Harry A. Blackmun
Lawyer's Writing, Richard C. Wydick
Lawyer's Writing, Richard C. Wydick
Michigan Law Review
A review of How To Write Plain English: A Book for Lawyers & Consumers by Rudolf Flesch
On Legal Writing, Albert P. Blaustein
On Legal Writing, Albert P. Blaustein
Cleveland State Law Review
Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.