Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Opinion Writing And Opinion Readers, Meehan Rasch
Opinion Writing And Opinion Readers, Meehan Rasch
Meehan Rasch
The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …
Once Upon A Time, Happily Ever After, And In A Galaxy Far, Far Away: Using Narrative To Fill The Cognitive Gap Left By Overreliance On Pure Logic In Appellate Briefs And Motion Memoranda, Jennifer L. Sheppard
Once Upon A Time, Happily Ever After, And In A Galaxy Far, Far Away: Using Narrative To Fill The Cognitive Gap Left By Overreliance On Pure Logic In Appellate Briefs And Motion Memoranda, Jennifer L. Sheppard
Jennifer L. Sheppard
This article explores the cognitive effects of narrative and concludes that it is a highly effective persuasive tool because stories appeal to our logic and reason, not just to our beliefs and values. The article identifies the elements of an effective story and explores how lawyers can use narrative in appellate briefs and motion memoranda to tell stories not just about the facts of their clients’ cases, but also about the law. Building on these bases, the article establishes that, in order to craft an effective story in a brief or motion memorandum, a lawyer must tell that story in …