Law Commons^™

Closing The Feedback Gap: Reflections As Diagnostic Resource, Jaclyn Celebrezze

Presentations

Providing students with helpful, actionable feedback is a perennial challenge. This presentation identifies an additional data source for instructors when drafting feedback: digital student reflections. This process has a dual benefit for both instructors and students. For instructors, digitized reflections unlock an understanding of why a student drafted a certain way, minimizing guesswork and ensuring more targeted feedback. For students, this process directs the instructor’s gaze to a concrete concern or discomfort for immediate response. While not a solution for all feedback problems, digitizing student reflections allows instructors and students to work together to close the gap.

Strategic Citations: Beyond The Bluebook, David J.S. Ziff

Articles

Lawyers love thinking about writing. We love it so much that this issue of the Litigation and Trial Practice-Staff Council Committee Newsletter is devoted to writing tips. And for good reason. Words are our business, so we want to ensure that we’re using them as effectively as possible.

Often, however, when lawyers discuss writing, we ignore an important part of what we write. Sprinkled throughout our carefully crafted prose, legal writing includes other, uglier sentences—sentences with their own grammar of sorts, those little clumps of italicized case names, the reporter numbers and abbreviations, often with multiple parentheticals at the end. …

Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

Articles

Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …

An Integrated Approach To Citation Literacy, Jaclyn Celebrezze

Presentations

This presentation explored how integrating citation literacy instruction into the fundamentals could lead to more durable learning for students and identify five quick methods to make it happen.

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at CWRU, where the theme of the workshops was "Preparing Students for the Modern Practice of Law." This presentation discusses how to prepare students for a modern, globalized client base, and provides tips and tools to help create a shared understanding between clients and future practitioners.

Using A Mindfulness And Gratitude Practice To Improve Student Wellness, Amanda K. Maus Stephen

Presentations

The University of Oregon School of Law hosted the annual, two-day conference for legal writing professors to share ideas and research on topics related to legal writing and legal writing instruction. This presentation described two experimental semester-long mindfulness activities—mindfulness minutes and gratitude journaling—and student reactions to them.

The Benefits Of Integrating Statutory Construction And Analysis In A First-Year Legal Writing Course, Lauren E. Sancken, Mireille Butler

Articles

Teaching statutory analysis to first-year law school students not only reinforces important principles of legal analysis and writing (from gaining a better understanding of the hierarchy of legal authorities to continuing to practice IRAC/CRAC methods of organization), but it also prepares students better for the actual practice of law.

Tuesday Morning Detective Work, Mary Whisner

Librarians' Articles

The author describes her process for tracking down information requested by a law student.

Bringing The Court Into The Classroom: Suggestions For How To Craft Exercises For Upper-Level Courses Using Real Practitioners' Briefs, Benjamin Halasz

Articles

When I came to teach after practicing for over a decade, I wanted my students to learn to write by using materials from real clients and cases. I quickly found that’s easier said than done. But through experimentation and discussions with experienced colleagues, I found several successful ways to put students into the role of writing parts of a “real” brief—one that uses a real case and real facts—for short, in-class exercises in upper-level courses.

Several articles tout the benefits of using briefs as examples, an enthusiasm I join. But this article focuses on using cases, and especially briefs, as …

My Year Of Citation Studies, Part 3, Mary Whisner

Librarians' Articles

In this third installment examining citation studies, Ms. Whisner looks at five articles from each of a sample of twenty-three journals published in 1982, and discovers some surprising results.

My Year Of Citation Studies, Part 2, Mary Whisner

Librarians' Articles

In this second installment examining citation studies, Ms. Whisner looks at citation patterns of articles versus student works, as well as patterns across journals.

My Year Of Citation Studies, Part 1, Mary Whisner

Librarians' Articles

Ms. Whisner begins a year of exploring how legal scholarship citation counts are created and viewed. What works do authors actually cite? Which legal sources are included? She shares her findings here.

Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin

Articles

This article explains how foreign-trained and international graduate students can use a thesis development template to find and articulate narrow, novel, non-obvious, and useful claims for their final, academic papers in law. These students, in particular, are in need of clear direction and methods for crafting well-developed claims (or thesis statements), given that many are non-native speakers of English who trained in different legal and educational systems with different expectations about what constitutes good academic writing—in any genre, let alone law. Through the use of a thesis development template (adapted from writing advice by Joseph M. Williams and Eugene Volokh), …

Service Within And Beyond Our Walls, Mary Whisner

Librarians' Articles

With the growth of the Internet, the typical patron base that reference librarians serve has increased to a much wider group of people who use various electronic means of communication to seek assistance. Ms. Whisner examines how technology has expanded these service borders and discusses the ramifications for the modern reference librarian.

Lexicographer For A Day, Mary Whisner

Librarians' Articles

Ms. Whisner shares her love of learning about new words and phrases, and details how she investigates their origins and usages in dictionaries and full-text databases.

The Worst System Of Citation Except For All The Others, David J.S. Ziff

Articles

Now in its twentieth edition, The Bluebook continues to cast its shadow over the legal profession just as it has for almost 100 years, helping legal writers format their references to authorities in briefs, memoranda, opinions, and law review articles. Previous critiques have offered various theories for why, despite its problems, The Bluebook remains the standard for legal citation. Ivy League elitism, the first-mover advantage, and lawyers’ conservative preference for the status quo have all been offered to explain the seemingly inexplicable: If this system is so terrible, then why are we still stuck with it?

One potential answer to …

On Specialized Legal Research, Mary Whisner

Librarians' Articles

Ms. Whisner describes what specialized legal research is and how students are initially exposed to the various topics that fall within the category, including taxation, intellectual property, and health law. She then provides strategies for learning about specific bibliographic sources and about the specialized vocabulary used to perform the necessary research.

Data, Data, Data, Mary Whisner

Librarians' Articles

The legal profession often requires extensive data for everything from simple statistical questions to large-scale empirical research projects. Ms. Whisner discusses some of her favorite sources for finding and evaluating statistics.

Exploring Precedent, Mary Whisner

Librarians' Articles

Ms. Whisner looks at the concept of precedent in the case law arena and discusses how to handle cases from parallel and lower courts, including unpublished decisions. She offers tips to help make decisions when using precedent, including consulting secondary sources and key numbers.

The 4-1-1 On Lawyer Directories, Mary Whisner

Librarians' Articles

Directories listing biographical and contact information for attorneys have been a publishing mainstay for more than one hundred years. They are used for marketing, as well as historical and genealogical research. However, technology is changing the way attorneys advertise, and Ms. Whisner looks at the current state of lawyer directories and their usage.

Getting To Know Fastcase, Mary Whisner

Librarians' Articles

Librarians must learn how to use databases on a regular basis. The databases may be new, or they may be well-established ones that librarians haven’t used before. Ms. Whisner examines Fastcase, an online system that recently entered into a cooperative agreement with HeinOnline, and discovers some lessons about how she learns new databases.

Taking Images Seriously, Elizabeth G. Porter

Articles

Law has been trapped in a stylistic straitjacket. The Internet has revolutionized media and communications, replacing text with a dizzying array of multimedia graphics and images. Facebook hosts 150 billion photos. Courts spend millions on trial technology. But those innovations have barely trickled into the black-and-white world of written law. Legal treatises continue to evoke Blackstone and Kent; most legal casebooks are facsimiles of Langdell’s; and legal journals resemble the Harvard Law Review circa 1887. None of these influential forms of disseminating the law has embraced — or even nodded to — modern, image-saturated communication norms. Litigants, scholars and courts …

Beyond Contrastive Rhetoric: Helping International Lawyers Use Cohesive Devices In U.S. Legal Writing, Elizabeth R. Baldwin

Articles

This Article attempts to use linguistics, specifically text analysis and pragmatics, to help explain how and why lawyers who are non-native speakers of English (NNS) struggle with cohesion in their U.S. legal writing. Then in light of that discussion, it offers a four-step, receptive and productive exercise to engage students in contrastive analysis of cohesive features across languages and cultures.

It begins by distinguishing coherence (top-down flow related to rhetorical preferences and organization of content and argument) from cohesion (bottom-up flow related to the surface features that exhibit connections between clauses). As background, it explores the role of cohesion in …

Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said

Washington Law Review

This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure. The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …

Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman

Washington Law Review

Scholarship is the work-product of scholars. The word derives the Latin schola, as in school. Hence, scholarship is related to education, which in turn is related to the advancement of human knowledge. By that measure, the best scholarship may increase our knowledge, both practical and theoretical. But when undisclosed bias affects that which is offered up as knowledge, it may unduly slant our understanding of life, law, and other things that matter. While bias-free knowledge may be a utopian ideal, it is, nonetheless, a principle worthy of our respect.

Other Uses Of Legislative History, Mary Whisner

Librarians' Articles

Although we usually think of using legislative history to determine legislative intent when interpreting statutes, Ms. Whisner shows that legislative documents can be useful for other, less controversial purposes as well.

Bitten By The Reading Bug, Mary Whisner

Librarians' Articles

Is reading books about law helpful to law librarians? Ms. Whisner discusses why and what she likes to read, and makes recommendations about books others might find interesting.

Books On My Desk, Mary Whisner

Librarians' Articles

Are there still books that reference librarians need to keep on their desks? Ms. Whisner considers this topic as well as discussing her gradual shift from using reference books in print to using their electronic counterparts

Fifty More Constitutions, Mary Whisner

Librarians' Articles

The U.S. Constitution may get all the attention, but as Ms. Whisner points out, state constitutional law is also important to legal researchers. Unfortunately, the sources for researching state constitutions are more limited and difficult to find. She describes a web site created by the Gallagher Law Library at the University of Washington School of Law that makes available sources of Washington State constitutional history.

Everday Research, Mary Whisner

Librarians' Articles

Law students and lawyers, like the rest of us, need to find information for their everyday lives. Ms. Whisner outlines ways that law students can use research to help them find jobs or decide what type of legal career they want to pursue.