Law Commons^™

Why Write?, Erwin Chemerinsky

Erwin Chemerinsky

This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …

Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner

Barbara Brunner

This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …

Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison

Jeffrey L Harrison

Periodically in the popular press and even in academic circles, the question arises of whether professors should be granted lifetime employment contracts based on a sample of four to six years of a probationary period. Further clouding the issue of how easily tenure should be granted is the question of what determines tenure. Is it a reward for past efforts or based on a forecast of future productivity? These concepts may seem like the same thing but they are not. Accordingly, the huge commitment of resources that occurs when tenure is granted paired with the Author's observations of pre-tenure scholars …

The Temptation Of Common Sense, Curtis E.A. Karnow

Curtis E.A. Karnow

The fallacies of invoking arguments from ‘common sense’ in legal briefs.

“Clear Beyond The Peradventure Of A Doubt,” Or, Plain English, Curtis E.A. Karnow

Curtis E.A. Karnow

The article urges judges and lawyers to write briefs and opinions in plain English. This outreach from the legal world to the public is important. As the public understands what courts do, the public will be increasingly supportive of the courts, more likely to comply with courts directives, and more likely to engage in meaningful debate concerning the justice system. In this sense, writing in plain English is a civic duty.

'Integration', Vietnamese Australian Writing, And An Unfinished Boat Story, Michael R. Jacklin

Michael Jacklin

This article contributes to the critical commentary on boat narratives through a reading of an early and little-known example of a Vietnamese Australian boat story: ‘The Whitish-Grey Dove on the Disorientated Boat’, a serialised novella which was published in Integration: The Magazine for Multicultural and Vietnamese Issues from 1994 to 1998. Focusing on this novella and the magazine in which it appeared serves two objectives: the first is to make the argument that Vietnamese Australian writing has a longer and more active history than may be commonly recognized or acknowledged and that ‘the boat’ is a significant figure in this …

Transnational Imaginaries: Reading Asian Australian Writing, Wenche Ommundsen

Wenche Ommundsen

When did ‘Asian Australian writing’ come into existence? Answering this question is almost as difficult as deciding when people from the regions now known as Asia first arrived in Australia. We know, for example, that Chinese settlers filed petitions protesting their treatment by colonial governments as early as 1855 (Broinowski 11), and that autobiographical writing appeared in the 1920s (Shen 2001). Creative writers started publishing in the 1950s (Mena Abdullah), 60s (Chitra Fernando) and 70s (Ee Tiang Hong, Brian Castro) – and when we know more about publications in languages other than English, these dates are likely to be pushed …

Aqa A2 Spanish Practice Exam Papers - Listening, Reading And Writing - Speaking (Unit 3-4), Alfredo Herrero De Haro

Alfredo Herrero de Haro

This resource contains three practice papers. For each paper there is a CD, a mark scheme and the transcripts for the passage for the listening exercies. These practice papers have been written to help you and your students prepare for the examination for Unit 3 of the AQA A2 Spanish specification for teaching from September 2009. AQA A2 Spanish Practice Exam Papers 3 practice papers for Unit 3 and four papers for Unit 4, covering all 4 skills: speaking, listening, reading and writing. Everything you need: •Write-on papers which look like the real exam papers •Audio CD and Transcripts of …

The Genre Discovery Approach: Preparing Law Students To Write Any Legal Document, Katie Rose Guest Pryal

Katie Rose Guest Pryal

Employers bemoan that new lawyers cannot write. Professors teaching upper-level law school courses wonder why students cannot apply their first-year (1L) legal writing skills. Law students worry that their legal writing courses have not prepared them to write all of the document types they will encounter in practice. In response to these complaints and fears, law school administrators push legal writing professors to squeeze more and more different document types into first- year legal writing courses.

I argue that the “more documents” strategy does not adequately prepare practice-ready legal writers. We cannot inoculate our students against every conceivable genre that …

Understanding The Cycle Of Procrastination, Meehan Rasch

Meehan Rasch

Procrastination is one of the enduring challenges of human existence, as well as one of the chief problems with which law students struggle. Understanding the cycle of procrastination can help law professors and advisors more constructively address students’ issues in this area—not to mention our own.

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.

Sale Of Goods Contract Not To Be Performed Within A Year: Is The Uniform Commercial Code Statute Of Frauds Provision Exclusive?, Sidney Kwestel

Sidney Kwestel

No abstract provided.

It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

Revising The California Style Manual, Curtis E.A. Karnow

Curtis E.A. Karnow

The note compares styles of legal writing and citation form, and urges changes to style manuals to enable smoother writing, a minimum of citation, and plain English.

Practice Writing: Do Writing Programs Really Teach Practical Skills?, Amy Vorenberg

Amy Vorenberg

Abstract Practice Writing: Responding to the Needs of the Bench and Bar in First Year Teaching. This article is the result of several surveys of law schools, lawyers and judges as well as interviews with judges, all aimed at examining whether first year writing programs are preparing students adequately for the real world of practice. Our conclusion is that students are not prepared for the expectations of writing in practice and that first year writing programs should be re-designed to better serve students. While legal writing programs have improved, our research demonstrates that programs should consider reviewing and changing the …

"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline Lipton

Jacqueline D Lipton

Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …

Opinion Writing And Opinion Readers, Meehan Rasch

Meehan Rasch

The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …

Teaching Students How To Think Like Lawyers: Integrating Socratic Method With The Writing Process, Mary Kate Kearney, Mary Beth Beazley

Mary Kate Kearney

No abstract provided.