Legal Writing and Research Commons^™

A Proposal To The Aba: One Required Legal Writing Course For All Six Semesters Of Law School, Adam Lamparello

Adam Lamparello

If you decide to run a marathon, but stop training after the eighth week of a sixteen-week training schedule, you will not finish. Why? Your muscles atrophied, and your stamina declined. If you stop writing after the second or third semester of law school, you will not become a good legal writer. Why? Your skills atrophied. You did not develop mental memory—just like the marathon runner did not develop muscle memory.

Why did the marathon runner stop? Maybe life got in the way, or training became too hard. But it’s the difficult moments—the grind—that separates the ...

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”.

Amicus Briefs: Friends Of Lawyering Skills Pedagogy, Adam Lamparello, Charles Maclean

Adam Lamparello

No abstract provided.

Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello

Adam Lamparello

Law schools have an ethical duty to train effective legal writers who understand that the skills acquired in law school are intended to serve something greater than themselves — the bench, bar, and broader community. Training good writers — and good people — can happen by creating a writing curriculum that focuses on persuasive advocacy, public service, and honest legal representation from the first semester to the last. This change will be a challenge to legal writing professors everywhere, but with proper institutional support and collaboration, law schools can prepare their students for a profession “that depends on flawless writing, logical reasoning, and ...

Free & Low-Cost Legal Research Options - Presentation Outline, Lee A. Ryan

Lee A. Ryan

This presentation, created for a first-year Legal Research, Writing & Analysis class, discusses and compares free primary law research sites for United States federal and state law. It also discusses, describes and compares several low-cost legal research options. The accompanying slides are also available on this site.

Free & Low-Cost Legal Research Options - Slides, Lee A. Ryan

Lee A. Ryan

These slides accompany the presentation on free and low-cost research options created for a guest presentation in a first-year Legal Research, Writing & Analysis class. These slides are meant to be used with the outline of the presentation, which are also available on this site.

Let’S Get Together, Yeah Yeah Yeah! : Teaching Students Purposefully Placement Of Individual Sentences To Maximize Paragraph Cohesion., Leslie P. Culver

Leslie P Culver

ABSTRACT

While meeting with students to discuss their memos, a consistent pattern arose regarding sentence placement in their writing. As a primary example, in rule paragraphs, students were including rule information relevant to the legal issue, yet in no particular order, and sentence rearrangement was necessary to make the information more cohesive. The result was surprising to both professor and student. The student was amazed at how rearranging sentences (with minor edits to the word choice) made such a difference in the substantive flow and impact of the overall paragraph; and as a professor, I was amazed that the student ...

On Reading The Language Of Statutes (Book Review), Linda D. Jellum

University of Massachusetts Law Review

Linda D. Jellum reviews Lawrence M. Solan, The Language of Statutes: Laws and Their Interpretation (The University of Chicago Press, Chicago, 2010), ISBN-13: 978-0-226-76796-3.

Cat, Cause, And Kant, Richard J. Peltz-Steele

University of Massachusetts Law Review

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.

When You Need To Know, These Are The Places To Go: Investigative Research On The Web, Suzanne R. Graham

Continuing Legal Education Presentations

Provides an overview of the kind of publicly-available information on the Web. Includes tips for how to find vital data about a person (birth and death dates and contact information), about investment and salary, and about prior interactions with court system.

Listicles Of Legal Websites, Wendy Moore

Continuing Legal Education Presentations

Contains 52 carefully selected websites to help legal professionals stay current on legal issues and to help them engage in effective legal research online. Includes blogs, portals, databases, news sites, and general websites.

Savvy Web Searching With Advanced Tools And Techniques, Anne Burnett

Continuing Legal Education Presentations

Discusses several web-searching sites, like Google and Bing, and shows power-searching tips and strategies for crafting effective queries.

Consciousness And Futility: A Proposal For A Legal Redefinition Of Death, Christopher Smith

Christopher R Smith

Recent controversies in Texas (with the Marlise Muñoz case) and in California (with the Jahi McMath case) have highlighted a lamentable flaw in the current legal conception of human death, and the difficulty of defining when death finally occurs. The unworkable notion of “brain-death” remains the law in every state in the union, yet the philosophical and scientific foundations of this notion remain open to attack. This article posits that death is a fundamentally social construct, and that it is society at large (through its laws, public opinions, religious attitudes, etc.) that actually defines death. This essay then argues that ...

No Shoehorn Required: How A Required, Three- Year, Persuasion-Based Legal Writing Program Easily Fits Within The Broader Law School Curriculum, Adam Lamparello

Adam Lamparello

In this article, we incorporate our proposal into the broader curricular context, and argue for more separation, not more integration, among the analytical, practical, and experiential pillars of legal education. All three are indispensable—and independent—pillars of real-world legal education:[1] (1) the analytical focuses on critical thinking; (2) legal writing combines—and refines—thinking through practical skills training; and (3) experiential learning involves students in the practice of law. To help law students master all three, the curriculum should be designed in a largely sequential (although sometimes concurrent) order, to embrace, not blur, their substantive differences, and to ...

Drafting New York Civil-Ligation Documents: Part Xxxi—Subpoenas Continued, Gerald Lebovits

Gerald Lebovits

No abstract provided.

Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.

Watt Lesley Black Jr.

This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for ...

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403

by Cathren Koehlert-Page

Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional.

In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral ...

The West Digest / Key Number System - Instructor's Notes, Lee A. Ryan

Lee A. Ryan

This presentation, created for a classes on Advanced Legal Research and California Legal Research, covers the origins and organization of the West Digest / Key Number System, and techniques for using the West Digests, particularly on WestlawNext, for legal research.

The West Digest / Key Number System - Slides, Lee A. Ryan

Lee A. Ryan

These slides accompany a presentation on the West Digest / Key Number System. The presentation was created for California Legal Research and Advanced Legal Research classes. These slides are meant to be used with the instructor's notes, which are also available on this site.