Law Commons^™

Law School News: Victorious Verdict 2-21-2024, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (February 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

40 More Writing Hacks For Appellate Attorneys, Brian C. Potts

Faculty Articles

Script for Trailer: “40 More Writing Hacks for Appellate Attorneys”

Fade in on aerial view of Washington, D.C.

Zoom in on Supreme Court Building. Chopper sounds. Enter helicopter fleet flying by.

Cut to Chief Justice John G. Roberts, Jr., sitting at his desk, reading. He rubs his forehead. Tired. Anxious. Distraught.

Chief: “What a mess! This brief could have been 10 pages shorter!”

Phone rings. Chief answers on speaker.

Law clerk’s voice through phone: “Chief, turn to Appellee’s brief. You’ve got to see this!”

Chief picks up different brief. Flips it open. Zoom in on face. Eyes widen. Jaw drops. …

Law Library Blog (September 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Flawless First Draft In Legal Writing: A Fantasy Of The Uninitiated, Patrick Barry

Other Publications

I recently received an email from a former student (now a public interest lawyer) who had just finished a major writing project. She wanted to thank me for introducing her to the psychologically liberating concept of “shitty first drafts.” Without it, she said, she probably would have never hit her deadline.

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Changemakers: 'Hard Work, Determination, And Dedication': Arya Omshehe, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

References To Classic American Novels In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

With this Journal of the Missouri Bar article, the survey of courts’ cultural markers returns to literature – particularly American literature. Besides “To Kill a Mockingbird,” federal and state courts in their written opinions have cited and quoted from other classic novels written by American authors, including "Catch-22", "Moby-Dick", and "The Grapes of Wrath".

Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams

Faculty Publications

The article advanced this formula for achieving effective appellate advocacy: “First, you seek to persuade the court of the merit of the client’s case, to create an emotional empathy for your position. Then you assist the court to reach a conclusion favorable to the client’s interest in terms of the analysis of the law and the procedural posture of the case.”

Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Writing By Presidential Example: The First Inaugural Addresses Of Reagan And Obama, Douglas E. Abrams

Faculty Publications

This article is about two recent U.S. presidents who differed from one another in prominent respects. One entered the Oval Office as a staunch Republican; the other entered as a staunch Democrat. One was one of the oldest men ever to serve in the Oval Office; the other was one of the youngest. The pair assumed contrasting positions on the political spectrum.

Despite these differences, however, the pair – Ronald Reagan and Barack Obama – shared an important common denominator. As president, both achieved recognition as “great communicators,” thanks in large part to their speeches marked by dexterity with the …

Changemakers: To Empower And Amplify Lgbtq+ Voices, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Elephant In The Room, Patrick Barry

Articles

Over the past several decades, the student population at law schools across the country has become more and more racially diverse. In 1987, for example, only about 1 in every 10 law students identified as a person of color; by 2019, that percentage shot up to almost 1 out of 3.

Yet take a look at virtually any collection of recommended manuals on writing. You are unlikely to find even one that is authored by a person of color. The composition of law schools may be dramatically changing, but the materials that students are given to help them figure out …

Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Human Being Wrote This Law Review Article: Gpt-3 And The Practice Of Law, Amy B. Cyphert

Law Faculty Scholarship

Artificial intelligence tools can now “write” in such a sophisticated manner that they fool people into believing that a human wrote the text. None are better at writing than GPT-3, released in 2020 for beta testing and coming to commercial markets in 2021. GPT-3 was trained on a massive dataset that included scrapes of language from sources ranging from the NYTimes to Reddit boards. And so, it comes as no surprise that researchers have already documented incidences of bias where GPT-3 spews toxic language. But because GPT-3 is so good at “writing,” and can be easily trained to write in …

Law Library Blog (August 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

References To Children's Stories And Fairy Tales In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

Jones v. State is typical of recent state and federal court decisions that have spiced substantive or procedural points with references to classic children’s stories or classic fairy tales. These literary resources have won places in American popular culture and are likely generally familiar to readers, especially when (as in Jones) the court provides any necessary context explaining the resource’s relevance to the decision.

In previous Journal of The Missouri Bar articles, I have written about judges’ invocation of an array of influential cultural markers that are generally familiar to Americans. These articles explored written opinions that accompanied substantive or …

How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky

Articles

I’ll admit it: I was afraid to try peer review in my Legal Practice class. I’ve been teaching legal analysis, writing, and research for 17 years. I know all of the benefits of peer review. I’ve read plenty of scholarship about why and how to do it well. I have space in my syllabus to incorporate it into my teaching. But I’ve been reluctant. I worried that students would be averse to sharing their work with a classmate. I worried that the exercise would embarrass students who felt self-conscious about their writing. And I worried that the truly excellent writers …

Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Review Of Draft No. 4, Beth Hirschfelder Wilensky

Reviews

"Draft No. 4" is an essay collection by John McPhee about his long career as a journalist for The New Yorker. This book review uses the essay collection as a jumping-off point to discuss the similarities and differences between legal writing and long-form journalism, and what legal writers can learn about the writing process from journalists like McPhee.

Govern Yourself Accordingly- Crafting Effective Demand Letters, Jason G. Dykstra

Articles

An effective demand letter can expediently resolve a dispute without litigation. But a poorly conceived demand letter can accelerate a dispute toward litigation and even generate negative publicity. Like all correspondence, demand letters need to be tailored in tone and content for varied audience, both the intended recipient and other foreseeable recipients. Beyond the intended recipient, the audience for a demand letter could encompass insurance adjusters, in-house counsel, and perhaps even the public via social media or press coverage. Therefore, an effective demand letter should not only be polite but firm, but also tell a persuasive story that evokes incredulity …

Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, Rosa Castello

Faculty Publications

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism.

One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …

E. B. White Could Nod Too: Thoughts Occasioned By Reading “Death Of A Pig”, Erik M. Jensen

Faculty Publications

This is an essay on grammar and writing, with extended consideration of the value of Strunk & White as a guide. Although the essay defends Strunk & White against several of that volume’s strongest critics, it also illustrates that even the best writers—and E. B. White was terrific, as was Antonin Scalia—sometimes make mistakes. (At great, perhaps excessive, length, the essay dissects a problematic passage in White’s “Death of a Pig.”) We should learn from those mistakes, not accept them as inevitable.

Enhancing The Effectiveness Of Your Legal Writing, Jason G. Dykstra

Articles

This article focuses on areas where busy practitioners can aspire for plain English and not only improve their writing but possibly avoid a few pitfalls. As Justice Brandeis once remarked, "There is no such thing as good writing. There is only good rewriting" So here are three areas to focus on as you rewrite: minimizing initialisms, acronyms, and defined terms; losing legal jargon and cutting clutter; and balancing legal terms and precision.