Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

"Yogi-Isms" In The Courts, Douglas E. Abrams Nov 2021

"Yogi-Isms" In The Courts, Douglas E. Abrams

Faculty Publications

The versatility of Lawrence Peter (Yogi) Berra, a native of St. Louis,5 appears unparalleled in the annals of professional sports. His stellar on-the-field performance earned him election to the Hall of Fame in 1972, and his vast collection of off-the-field sayings earned him a secure place in American folklore. Some Yogi-isms are cited and quoted in federal and state judicial opinions. Topping the judicial ledger is “It’s déjà vu all over again,” which appears in Shurtleff and a few dozen other decisions.


Eleven Observations About Legal Writing, Douglas E. Abrams Sep 2021

Eleven Observations About Legal Writing, Douglas E. Abrams

Faculty Publications

This Article collects 11 observations about legal writing that I have shared with law students since I began teaching in the late 1970s.


Shakespeare In The Courts, Douglas E. Abrams May 2021

Shakespeare In The Courts, Douglas E. Abrams

Faculty Publications

This article continues the theme of recent “Writing It Right” articles in the Journal of the Missouri Bar. These articles describe how federal and state judges today frequently accent their opinions’ substantive or procedural rulings with references to cultural markers that can resonate with the advocates, parties, and judges who comprise the opinions’ readership. The courts’ broad array of cultural references demonstrates versatility. Some of my early articles in the Journal profiled judicial opinions that referenced terminologies, rules, and traditions of baseball, football, and other sports. Together these sports’ mass audiences help define American culture.

Later my Journal articles profiled …


Eight Strategies That Enhance Legal Writing, Douglas E. Abrams Mar 2021

Eight Strategies That Enhance Legal Writing, Douglas E. Abrams

Faculty Publications

A few years ago, I spoke about legal writing at an annual forum of Missouri’s appellate judges, held at the University of Missouri School of Law in Columbia. The hour-long presentation advanced eight strategies that enable judges and practicing lawyers to sharpen their writing. These eight strategies appear below in this article.


References To Aesop's Fables In Judicial Opinions And Written Advocacy, Douglas E. Abrams Jan 2021

References To Aesop's Fables In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

In several “Writing It Right” articles over the past few years, I have described how federal and state judges frequently accent their opinions' substantive or procedural points with careful references to cultural markers familiar to many Americans. This article continues traveling the literary lane by turning to Aesop’s Fables. By invoking a Fable, the Friends of Animals district court continued a tradition that began in 1823, when the Pennsylvania Supreme Court cited Aesop in a will contest.


Leadership... From A To Z, Anne Klinefelter Jan 2021

Leadership... From A To Z, Anne Klinefelter

Faculty Publications

No abstract provided.


The Cognitive Power Of Analogies In The Legal Writing Classroom, Patricia G. Montana Jan 2021

The Cognitive Power Of Analogies In The Legal Writing Classroom, Patricia G. Montana

Faculty Publications

(Excerpt)

New law students traditionally learn better when they can connect what they are learning to a familiar non-legal experience. Therefore, the use of an analogy, which can be defined as a comparison showing the similarities of two otherwise unlike things to help explain an idea or concept, is an obvious way to facilitate a student’s connection between the new and what is already known. An analogy is a logical step in introducing the complex processes of legal research and analysis by attempting to simplify the alien structure of summarizing that legal research and analysis into a coherent piece of …