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Articles 1 - 15 of 15
Full-Text Articles in Law
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
The Scholar: St. Mary's Law Review on Race and Social Justice
When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …
How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano
How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano
Brian Larson
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Faculty Articles and Other Publications
In this chapter from Living In A Law Transformed: Encounters With The Works Of James Boyd White, Professor Eisele discusses the inspiration provided him by White's writing.
The Changing Discourse Of The Supreme Court, Stephen M. Johnson
The Changing Discourse Of The Supreme Court, Stephen M. Johnson
The University of New Hampshire Law Review
[Excerpt] “Academics, judges, and other commentators complain that, for the past few decades, the Justices on the Supreme Court have been increasingly writing opinions that are unreadable for most American citizens. Those critics complain that the opinions are too long and too complex, riddled with incomprehensible multi-part tests. They also attack the style of the opinions and assert that recent opinions are more likely to be written in a technocratic, rather than persuasive, style.
There seems to be little consensus among the critics regarding why the Justices are writing opinions that are increasingly unreadable. Some attribute it to the increasing …
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125th Anniversary Materials
No abstract provided.
The Genre Discovery Approach: Preparing Law Students To Write Any Legal Document, Katie Rose Guest Pryal
The Genre Discovery Approach: Preparing Law Students To Write Any Legal Document, Katie Rose Guest Pryal
Katie Rose Guest Pryal
Employers bemoan that new lawyers cannot write. Professors teaching upper-level law school courses wonder why students cannot apply their first-year (1L) legal writing skills. Law students worry that their legal writing courses have not prepared them to write all of the document types they will encounter in practice. In response to these complaints and fears, law school administrators push legal writing professors to squeeze more and more different document types into first- year legal writing courses.
I argue that the “more documents” strategy does not adequately prepare practice-ready legal writers. We cannot inoculate our students against every conceivable genre that …
Computer-Supported Peer Review In A Law School Context, Kevin D. Ashley, Ilya Goldin
Computer-Supported Peer Review In A Law School Context, Kevin D. Ashley, Ilya Goldin
Articles
Legal instructors have been urged to incorporate peer reviewing into law school courses as a way to provide students much needed feedback. Peer review can benefit legal education, but only if law school instructors adopt peer review on a large scale, and for that, computer-supported peer review systems are crucial. These web-based systems orchestrate the mechanics of students submitting written assignments on-line and distributing them to other students for anonymous review, making it considerably easier for instructors to manage.
Beyond the problem of orchestrating mechanics, however, a deeper obstacle to widespread acceptance of peer review in legal education is the …
Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo
Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo
Nick J. Sciullo
This article will demonstrate that although students of the law, legal scholars, and practitioners rely on a relatively narrow body of “legal scholarship,” there are in fact sundry diverse sources of legal thought that deserve to be evaluated along with currently accepted legal scholarship. It will present arguments in favor of appreciating music as a unique and important source of legal commentary through which we might understand how people relate to the law—what I have called “coming to the law.” It will demonstrate that music can be uniquely transgressive and presents a powerful alternative to what Michel Foucault called “scientific …
Implementing Plain Language Into Legal Documents: The Technical Communicator's Role, Peggy Bivins
Implementing Plain Language Into Legal Documents: The Technical Communicator's Role, Peggy Bivins
Electronic Theses and Dissertations
This thesis discusses the benefits of using plain language in legal documents and the role technical communicators can play to help implement plain language. Although many definitions for plain language exist, it is best described as reader-focused communication that presents information in a manner that makes it easy for a reader to find, understand, and use the information. Plain language facilitates comprehension by using shorter, less complex sentences; active voice; and common words. All these elements aid in processing and understanding information, especially unfamiliar concepts. Laypeople, unversed in the law, frequently have difficulty understanding traditional legal writing. The complex sentences, …
Writing To Learn Law And Writing In Law: An Intellectual Property Illustration, Michael J. Madison
Writing To Learn Law And Writing In Law: An Intellectual Property Illustration, Michael J. Madison
Articles
This essay, prepared as part of a Symposium on teaching intellectual property law, describes a method of combining substantive law teaching with a species of what is commonly called "skills" training. The method involves assessing students not via traditional final exams but instead via research memos patterned after assignments that junior lawyers might encounter in actual legal practice. The essay grounds the method in the theoretical disposition known generally as "writing to learn." It argues that students are likely to learn intellectual property law effectively if they learn to practice as intellectual property lawyers, and specifically to write as intellectual …
Texts, Lies, And Changed Positions, Judith D. Fischer
Texts, Lies, And Changed Positions, Judith D. Fischer
Judith D. Fischer
This review of Judge Richard Posner's Little Book of Plagiarism concludes that the book adds to the discussion of plagiarism by noting the topic’s gray areas and proposing criteria for identifying plagiarism. Posner states that plagiarism occurs when a writer who copies another's language or ideas both conceals the copying and induces readers' reliance. By discussing plagiarism in different settings, including novels, court opinions, professors' work, and student work, the book shows why analysis of the offense and its consequences must be nuanced. Professors should be warned that in places Posner seems to minimize the gravity of student copying, especially …
The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer
The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer
Articles
In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …
Applying New Rhetoric To Legal Discourse: The Ebb And Flow Of Reader And Writer, Text And Context, Linda L. Berger
Applying New Rhetoric To Legal Discourse: The Ebb And Flow Of Reader And Writer, Text And Context, Linda L. Berger
Linda L. Berger
No abstract provided.
Writing And Reading In Philosophy, Law, And Poetry, James Boyd White
Writing And Reading In Philosophy, Law, And Poetry, James Boyd White
Book Chapters
In this paper I will treat a very general question, the nature of writing and what can be achieved by it, pursuing it in the three distinct contexts provided by philosophy, law, and poetry.
My starting-point will be Plato's Phaedrus, where, in a wellknown passage, Socrates attacks writing itself: he says that true philosophy requires the living engagement of mind with mind of a kind that writing cannot attain. Yet this is obviously a paradox, for Socrates' position is articulated and recorded by Plato in writing. How then can we make sense of what Plato is saying and doing? What …
The Literature Of Law, Ernest W. Huffcut
The Literature Of Law, Ernest W. Huffcut
Articles by Maurer Faculty
No abstract provided.