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Full-Text Articles in Law
Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson
Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson
Faculty Scholarship
This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and …
Research And Rhetorical Purpose: Using Genre Analysis To Understand Source Use In Technical And Professional Writing, Lee-Ann K. Breuch, Brian N. Larson
Research And Rhetorical Purpose: Using Genre Analysis To Understand Source Use In Technical And Professional Writing, Lee-Ann K. Breuch, Brian N. Larson
Faculty Scholarship
This chapter describes a pilot study of student research-based writing in a technical and professional writing course designed for college-level juniors and seniors across the curriculum; fifteen analytical research papers are coded based on the rhetorical move John Swales (1990) calls "reference to previous research" to increase our understanding of how students use sources to introduce, support, or compare/ contrast ideas and previous research. Student papers in this study overwhelmingly used sources to support main ideas, occasionally used sources to introduce ideas, often in the form of topic sentences, but rarely used sources to compare/ contrast ideas. The frequency of …
Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat
Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat
Faculty Scholarship
This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Faculty Scholarship
The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …