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Full-Text Articles in Law
What Great Writers Can Teach Lawyers And Judges: Precise, Concise, Simple And Clear, Douglas E. Abrams
What Great Writers Can Teach Lawyers And Judges: Precise, Concise, Simple And Clear, Douglas E. Abrams
Faculty Publications
Despite some imperfections across disciplines, advice from well-known fiction and non-fiction writers can serve lawyers and judges well because law, in its essence, is a literary profession heavily dependent on the written word. There are only two types of writing - good writing and bad writing. As poet (and Massachusetts Bar member) Archibald MacLeish recognized, good legal writing is simply good writing about a legal subject. "Lawyers would be better off," said MacLeish, "if they stopped thinking of the language of the law as a different language and realized that the art of writing for legal purposes is in no …
Justice Jackson And The Second Flag-Salute Case: Reason And Passion In Opinion-Writing, Douglas E. Abrams
Justice Jackson And The Second Flag-Salute Case: Reason And Passion In Opinion-Writing, Douglas E. Abrams
Faculty Publications
In 1943, the Supreme Court handed down West Virginia State Board of Education v. Barnette. With Justice Robert H. Jackson writing for the six-Justice majority, the Court upheld the First Amendment right of Jehovah's Witnesses schoolchildren to refuse to salute the flag or recite the Pledge of Allegiance, state-imposed obligations that the children and their parents contended were acts of idolatry that violated biblical commands. Judge Richard A. Posner has said that Justice Jackson's effort "may be the most eloquent majority opinion in the history of the Supreme Court."
An Empirical Analysis Of Collaborative Practice, John M. Lande
An Empirical Analysis Of Collaborative Practice, John M. Lande
Faculty Publications
This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research. Finally, it offers suggestions for constructive development of the Collaborative field.