Legal Writing and Research Commons^™

Stem Cell Research And Cloning For Human Reproduction: An Analysis Of The Laws, The Direction In Which They May Be Heading In Light Of Recent Developments, And Potential Constitutional Issues, Catherine D. Payne

Mercer Law Review

I. INTRODUCTION

The world is continuously changing before our eyes. New scientific and technological developments are constantly being made. Not surprisingly, these changes usually occur well before the law is ready to respond and accommodate them. One of the most recent developments that will soon be pushing the limits of the law is in the world of science. Researchers around the world have been independently working to see if they can unlock the secrets to the development of reproductive cells. Ultimately, the research teams are hoping to learn what causes stem cells to differentiate into sperm and egg cells. One …

Introduction To The Legal Writing Institute: Celebrating 25 Years Of Teaching & Scholarship, Kristin B. Gerdy

Mercer Law Review

The Legal Writing Institute (LWI), which was founded in 2004, is a professional organization dedicated to improving legal writing through teaching, discussion, and scholarship about legal writing, analysis, and research, both in law practice and in the academy. LWI boasts a membership of more than 2500, including members from more than thirty-eight countries, and it is the second largest organization of law professors in the United States. LWI also sponsors Legal Writing: The Journal of the Legal Writing Institute, a peer-reviewed scholarly journal established in 1988 as a forum for exchange of scholarly ideas and opinions about legal writing.

As …

Plenary Iii: Scholarship Featuring Linda Berger, Linda H. Edwards & Terrill Pollman With Kirsten Davis As Moderator; And Plenary Iv: Program Design Featuring Suzanne R. Rowe, Susan Hanley Duncan, & Eric B. Easton With Brooke Bowman As Moderator

Mercer Law Review

The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship

A Symposium of the Mercer Law Review November 6, 2009

Afternoon Session

Teaching Multiple Skills In Drafting & Simulation Courses, Karen J. Sneddon

Articles

Good morning. I am really excited to be at this conference as a transactional lawyer who never drafted anything before she went into practice and had very, very little experience with any of the other transactional skills that I would be using on a daily basis. I am really excited to hear about the number of courses and opportunities that students have now. Of course, I am thrilled to speak about the opportunities that I offer the students in my courses.

What I do is provide two opportunities to learn about counseling. Every student at Mercer University School of Law …

Legal Writing: Did Harvard Get It Right?, Laurel Currie Oates

Mercer Law Review

For most law students, there is a moment when, in frustration or exhaustion, they throw up their hands and scream, "There must be a better way." While many of the cases in the casebooks are interesting, learning the law one case at a time seems, at best, inefficient, and at worst, just plain stupid. Wouldn't it be much easier, and better, if law schools used the same pedagogy that is used in many other disciplines: reading assignments, lectures, and exams that test whether students have learned the information set out in those textbooks and lectures?

When students question law school …

The Centrality Of Metaphor In Legal Analysis And Communication: An Introduction, David T. Ritchie

Mercer Law Review

Law, as a domain of human enterprise, is fundamentally discursive in nature. As such, understanding the elements of legal discourse, both analytical and communicative, is vital to understanding the nature of the enterprise. Metaphorical reasoning, and the communication of that reasoning, is one such element. Perhaps metaphor is one among many elements of legal discourse. In this view, metaphor theory would take its place alongside logic, narrative theory, rhetoric, and so on.

Levels Of Metaphor In Persuasive Legal Writing, Michael R. Smith

Mercer Law Review

No abstract provided.

Retelling The Darkest Story: Mystery, Suspense, And Detectives In A Brief Written On Behalf Of A Condemned Inmate, Philip N. Meyer

Mercer Law Review

I've never used the whodunit technique, since it is concerned altogether with mystification, which diffuses and unfocuses suspense. It is possible to build up almost unbearable tension in a play or film in which the audience knows who the murderer is all the time, and from the very start they want to scream out to all the other characters in the plot, "Watch out for So-and-So! He's a killer!" There you have the real tenseness and an irresistible desire to know what happens, instead of a group of characters deployed in a human chess problem. For that reason I believe …

Analyze This: Using Taxonomies To "Scaffold" Students' Legal Thinking And Writing Skills, Christine M. Venter

Mercer Law Review

Legal Writing

Many legal writing teachers speak glibly about training their students to think like lawyers, but have not necessarily tailored their pedagogy to meet that goal. If teachers are not clear and explicit in how they go about teaching students analytical skills, they cannot necessarily expect students to become experts in analysis. While it is true that over the course of their law school careers, most students will develop legal analytical skills through exposure to the law and by means of the Socratic method; teachers can do better. Lawyers pride themselves on precision. This Article argues that legal writing …

Legal Writing: Why Is A Legal Memorandum Like An Onion?-A Student's Guide To Reviewing And Editing, Terry Jean Seligmann

Mercer Law Review

If you are a student working on a legal memorandum, you may think the answer to the question posed by the title of this Article is that they can both make you cry. This Article may help you avoid tears by giving you a way to review your work. The legal memorandum is like an onion because it is a whole made up of many layers. These layers cover each other in levels that can be cross-sectioned and examined in place without losing the sense of the whole. The guidelines offered for that examination follow the priorities of your legal …

The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Mary Beth Beazley, Linda H. Edwards

Mercer Law Review

This bibliography of scholarship about legal scholarship was originally prepared for the 1997 Conference of the Association of Legal Writing Directors. The Conference explored the rapidly developing area of scholarship by legal writing professors and the ways in which this important scholarship can be encouraged. Characteristically, when writing teachers turn their attention to a particular kind of writing the genre employs-that is, the process and the product. This bibliography is one result of that study. We hope that it will prove helpful to anyone interested in legal scholarship, especially to law faculty in the early stages of their scholarly careers. …

Legal Writing: Its Nature, Limits, And Dangers, Douglas Litowitz

Mercer Law Review

Lawyers have a unique and highly technical manner of writing, one that differs significantly from standard English. Legal education involves an indoctrination into this new discourse, a process that ends when one awakens to find oneself writing in a manner that once seemed impossibly obscure. Of course, the mastery of legal language reflects a paradigm shift in thought, sometimes called "learning to think like a lawyer" or "seeing things from a legal perspective." The conceptual scheme and language of the law are so different from the ordinary way of thinking that Lord Coke was perhaps correct when he characterized the …