Law Commons^™

Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer

Faculty Works

In predictive legal writing, credibility is not inferred from conclusions alone. It is constructed sentence by sentence. Analytic correctness is necessary, but it is not sufficient. Supervising attorneys read prose as evidence of intellectual control, treating disciplined style as proof of substantive mastery. Yet legal writing scholarship has largely framed clarity as a matter of pedagogy or professionalism rather than as a structural theory of ethos.

This article reframes predictive writing as institutional rhetoric. Within the hierarchical environment of law practice, cognitive fluency governs professional trust: writing that is easy to process yet disciplined in reasoning reads as competence. Drawing …

Lists In Legal Drafting: How Brain Science Can Help Student Drafters Produce Documents That Are Easier To Read And Comprehend, Karin Mika

Law Faculty Articles and Essays

Lists play an important role in legal drafting of every type. A list helps the reader break down larger pieces of information, and a well-constructed list's visuals can aid in comprehension. A good list can also head off future legal disputes by making it easier for all parties to read and understand its contents. But a list, in and of itself, is not beneficial unless it is organized in such a way that the brain can easily group like items. By understanding the basics of how the brain processes information, the legal writer can better understand how to group pieces …

Pass The Salt: Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, Kris Franklin, F. Peter Phillips

Pepperdine Dispute Resolution Law Journal

Attorneys work with clients to resolve problems. Legal education can help prepare law graduates to do that work. As an added bonus, doing so would in turn help law students understand and retain the subjects they study. Law professors who teach alternative dispute resolution, lawyering skills, clinics, and sometimes traditional doctrinal courses, have all called for greater inclusion of dispute resolution in the law school curriculum. Some have urged the introduction of specific courses to prepare contemporary law students to work as problem resolvers. This Article builds on these and other calls for reform, but urges a genuine reconceptualization of …

Legal Fiction: Reading Lolita As A Sentencing Memorandum, Christina Frohock

Articles

No abstract provided.

Get With The Pronoun, Heidi K. Brown

Articles & Chapters

No abstract provided.

Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello

Articles

First-year associates will spend forty-five percent of their time on legal research; second- and third-year associates will spend thirty percent. And unfortunately, employers find their associates’ research skills lacking. This is not a new complaint. Employers have been complaining for more than a hundred years that recent law graduates cannot research well. None of this is lost on those who teach legal research, who have long debated the best way to do so. Techniques for teaching research have changed over time, and methods once thought appropriate were sometimes later disfavored. Changes were driven both by pedagogy and by the ever-changing …

Creac In The Real World, Diane B. Kraft

Law Faculty Scholarly Articles

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the "real world" of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on "first-year" issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …

Mind The Gap: Teaching Research As A Fluid, Ever-Present Concept In The First-Year Legal Research And Writing Classroom, Julie Spanbauer

Mercer Law Review

A couple of years ago, the closed-memorandum problem I assigned as the first writing project for my fresh-faced legal research and writing students involved a legal issue that I manipulated by eliminating discussion of one of the elements of a tort in order to simplify the assignment. Each of the cases provided to the students were similarly redacted to omit discussion of the same element. The students were given the standard instruction that they were not permitted to consult or cite to any outside sources. When I began reading their papers, I noticed that a majority of the students had …

New York Law School Reporter October 1997, New York Law School

Student Newspapers

No abstract provided.

New York Law School Reporter, Vol 11, No. 2, October 1995, New York Law School

Student Newspapers

No abstract provided.

New York Law School Reporter V. 11, No. 10, October 1994, New York Law School

Student Newspapers

No abstract provided.

New York Law School Reporter, Vol 10, No. 3, March 1993, New York Law School

Student Newspapers

No abstract provided.