Law Commons^™

Finding Balance: Using Employment Law Problems To Achieve Multiple Learning Goals In Persuasive Legal Writing, Rosa Castello

Faculty Publications

(Excerpt)

Legal Writing professors, like myself, face the same challenge each new semester: how can I effectively and efficiently help students learn one of the most important skills for a practicing lawyer? And one large hurdle in this quest to make our students good legal writers is creating a trial motion or appellate brief problem that helps them develop the particular skills required for persuasive legal writing. The act of creating the problem is sometimes like tightrope walking̶ finding just the right balance of facts and law to challenge students and help develop and enhance vital research, analytical, organizational, writing, …

Persuading With Precedent: Understanding And Improving Analogies In Legal Argument, Jacob M. Carpenter

Faculty Publications

When writing persuasive briefs, attorneys use comparisons — metaphors or case-based analogies — to help explain their analyses and support their positions. But attorneys use the two types of comparisons for very different purposes. Several legal scholars have explored how attorneys use metaphors in their legal writing. While the existing scholarship on legal metaphors is excellent, it is not sufficient to properly understand how to best draft case-based analogies. Unfortunately, case-based analogies have been surprisingly understudied despite their critical role in persuasive legal briefs. Not surprisingly, many attorneys are unaware of how far short their analogies fall from reaching their …

Writing In Law Reviews, Bar Association Journals, And Blogs (Part I), Douglas E. Abrams

Faculty Publications

Lawyer's commonly write as the client's representative, but this article explores three opportunities for lawyers who wish also to write sometimes in non-representational roles. Part I here discusses writing or co-writing law review articles.

Glatt V. Fox Searchlight And The Rhetorical Value Of Inter-Circuit Dialogue, Stephen Smith

Faculty Publications

No abstract provided.

Civility (Part Ii), Douglas E. Abrams

Faculty Publications

No abstract provided.