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Legal Writing and Research

Legal writing

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Full-Text Articles in Law

“All We Have To Decide Is What To Do With The Time Given To Us”: Using Concepts Of Narrative Time To Draft More Persuasive Legal Arguments, Jennifer Sheppard Jun 2023

“All We Have To Decide Is What To Do With The Time Given To Us”: Using Concepts Of Narrative Time To Draft More Persuasive Legal Arguments, Jennifer Sheppard

Marquette Law Review

When taught to draft a statement of facts or a statement of the case, law students and new lawyers are often told to “tell a story” and that chronological order is usually the best organizational strategy to use when telling that story. While much has been written in recent years on how to draft a story in the legal context, little scholarship is devoted to how to draft a story using chronology or how a lawyer can shape and manipulate time within a story to better advocate for a client. Legal scholars seem to think that the use of chronology …


The Capitalization Of "Tribal Nations" And The Decolonization Of Citation, Nomenclature, And Terminology In The United States, Angelique Eaglewoman Jan 2023

The Capitalization Of "Tribal Nations" And The Decolonization Of Citation, Nomenclature, And Terminology In The United States, Angelique Eaglewoman

Mitchell Hamline Law Review

No abstract provided.


Foreword: Legal Essays: A Checklist, Reagan Seidler, Sarah Macleod Jul 2020

Foreword: Legal Essays: A Checklist, Reagan Seidler, Sarah Macleod

Dalhousie Journal of Legal Studies

Good legal writing is more science than art. It persuades not by its rhetoric but by the impregnability of its research method. It answers its question using a testable, falsifiable, and repeatable method, so that others would choose to follow the same steps and come to the same conclusion.

At the Dalhousie Journal of Legal Studies (DJLS), we read scores of papers each year from law schools across the country. They show us that, nationwide, many authors misunderstand the purpose of a research paper. It is not a memo, nor is it an op-ed. The goal is to use a …


Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb Oct 2019

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …


Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki Apr 2019

Simple Legal Writing Can Improve Business Outcomes In Latin America, Leon C. Skornicki

University of Miami Inter-American Law Review

No abstract provided.


Shot Selection, Patrick J. Barry Oct 2018

Shot Selection, Patrick J. Barry

The Journal of Appellate Practice and Process

No abstract provided.


The Art Of The Effective Reply, Peter M. Mansfield Oct 2018

The Art Of The Effective Reply, Peter M. Mansfield

The Journal of Appellate Practice and Process

No abstract provided.


De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman Jun 2018

De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman

Seattle University Law Review

Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few …


Better Briefs, Lydia Fearing May 2018

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins May 2018

“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins

Maryland Law Review

The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts—including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting. Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.” Still today, critics maintain that the construct and/or is inherently ambiguous and should be avoided …


Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson Nov 2017

Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson

Maine Law Review

Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …


Cleaning Up Quotations, Jack Metzler Oct 2017

Cleaning Up Quotations, Jack Metzler

The Journal of Appellate Practice and Process

No abstract provided.


What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays Jan 2017

What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays

Marquette Intellectual Property Law Review

A key contention of legal writing scholarship is that the legal resolution is rooted in storytelling. The law consists of an endless telling and retelling of stories. Clients tell stories to their lawyers, who must figure out how to frame their client’s narrative into a legal context. Lawyers retell their clients’ stories to judges using pleadings, motions, and legal briefs. Judges and administrators retell these stories in the form of an opinion or verdict.

Storytelling in the legal context is an important element of persuasion. For the purpose of this comment, legal storytelling is defined as the use of fiction-writing …


New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger Jan 2017

New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger

Notre Dame Law Review Reflection

This Essay argues that conceptualizing emerging legal technologies using inherited research metaphors is like pouring new wine in old wineskins—it simply doesn’t work. This Essay proposes to replace outdated research metaphors with updated metaphors that can provide the fresh wineskin to conceptualize current research challenges.


Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii Oct 2016

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.


Creac In The Real World, Diane B. Kraft Jan 2015

Creac In The Real World, Diane B. Kraft

Cleveland State Law Review

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …


Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson Dec 2014

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Touro Law Review

No abstract provided.


You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis Dec 2014

You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis

Touro Law Review

No abstract provided.


Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh Dec 2014

Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh

Touro Law Review

No abstract provided.


Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow Dec 2014

Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow

Touro Law Review

No abstract provided.


"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy Dec 2014

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Touro Law Review

No abstract provided.


Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor Dec 2014

Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor

Touro Law Review

No abstract provided.


Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re Dec 2014

Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re

Touro Law Review

No abstract provided.


The Changing Discourse Of The Supreme Court, Stephen M. Johnson Jan 2014

The Changing Discourse Of The Supreme Court, Stephen M. Johnson

The University of New Hampshire Law Review

[Excerpt] “Academics, judges, and other commentators complain that, for the past few decades, the Justices on the Supreme Court have been increasingly writing opinions that are unreadable for most American citizens. Those critics complain that the opinions are too long and too complex, riddled with incomprehensible multi-part tests. They also attack the style of the opinions and assert that recent opinions are more likely to be written in a technocratic, rather than persuasive, style.

There seems to be little consensus among the critics regarding why the Justices are writing opinions that are increasingly unreadable. Some attribute it to the increasing …


Legal Writing As Good Writing: Tips From The Trenches, Andrey Spektor, Michael A. Zuckerman Oct 2013

Legal Writing As Good Writing: Tips From The Trenches, Andrey Spektor, Michael A. Zuckerman

The Journal of Appellate Practice and Process

No abstract provided.


Professional Legal Writing Declaring Your Independence, Patrick R. Hugg Apr 2013

Professional Legal Writing Declaring Your Independence, Patrick R. Hugg

Journal of the National Association of Administrative Law Judiciary

This article proposes two controversial assertions about the writing of many lawyers and judges today and offers a central theme for improving that writing. These bold propositions are offered in an effort to awaken and perhaps inspire the legions of overworked, harried legal scriveners inhabiting our legal community to adopt a new methodology of writing. Too many legal writers today are forced by the various (nefarious) circumstances of their work to crank out reams of hastily conceived and poorly edited text. The time has arrived for us to admit to this unacceptable state of affairs and to declare independence from …


Professional Writing Methodology , Patrick R. Hugg Apr 2013

Professional Writing Methodology , Patrick R. Hugg

Journal of the National Association of Administrative Law Judiciary

Characterizing attorneys as professional writers, in the literary sense, who just happen to work in the legal milieu, this article discusses the author’s principles of “Professional Writing Methodology.”


Evidence Column, Paul R. Troeh Jr Apr 2013

Evidence Column, Paul R. Troeh Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Art Of Legal Writing, Thomas E. Spahn Apr 2013

The Art Of Legal Writing, Thomas E. Spahn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek Mar 2013

Rhetorical Judgments: Using Holistic Assessment To Improve The Quality Of Administrative Decisions, Roger J. Klurfeld, Steven Placek

Journal of the National Association of Administrative Law Judiciary

Federal, state, and local governments issue hundreds of thousands of administrative decisions annually. Considering the number of encounters the public has with administrative appeal agencies, administrative decisions may be the largest category of legal writing and reading interaction the public has with the legal system. Many of these agencies have identified writing quality - however they define it - as a priority in their strategic plans, but the overwhelming number of hearings and decisions, coupled with regulatory guidelines for timeliness, may subordinate this goal to other management priorities. Improving the quality of administrative decisions at these agencies presents a practical …