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Full-Text Articles in Law
The Rule Of Three, Patrick Barry
The Rule Of Three, Patrick Barry
Articles
Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …
What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker
What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker
Articles
Over 25 years ago, in his foreword to the first volume of Legal Writing, Chris Rideout nailed it: legal writing as actually practiced by lawyers and judges needs to improve, “[b]ut more fundamental inquiry into legal writing...is needed as well.” The intervening decades have seen many laudable efforts on the latter front, as our collective scholarly discipline, then in its infancy, has matured. But one particular question that Rideout identified remains largely unaddressed by our discipline, although recent developments suggest a welcome increase in attention to the topic. Specifically, Rideout explained that our field did not know as much as …
Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi
Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi
Scholarly Works
In this book chapter, Professor Berger argues for thoughtful metaphor-making and storytelling in legal writing. Exploring legal rhetoric with an eye for gender justice, she argues metaphor and narrative shape perspective and ask the reader to join the writer in the imaginative work of seeing one thing as another. The same shift in perspective that leads to re-conception—a shift that takes advantage of metaphor and narrative’s ability to say what only they can say—is what writers aim to achieve when they use metaphor and narrative for feminist and social justice advocacy.
Claudia Rankine's 'Citizen': Documenting And Protesting America's Halting March Toward Racial Justice And Equality, Susan Ayres
Claudia Rankine's 'Citizen': Documenting And Protesting America's Halting March Toward Racial Justice And Equality, Susan Ayres
Faculty Scholarship
After the first election of President Barak Obama in 2008, there was a sense that the United States had reached a post-racial phase in its history. That sentiment was relatively short-lived, because by 2013, when Michael Brown was killed in Ferguson, it was clear that President Obama’s election was not transformative. More recently, during the presidential campaign and after the election of President Donald Trump in 2016, undisguised racism in the United States has reared its ugly head. Activists such as the Reverend Al Sharpton have been outspoken in their criticism of President Trump. Sharpton has claimed, “Everything King fought …
The Biology Of Inequality, Lucille Jewel
The Biology Of Inequality, Lucille Jewel
Scholarly Works
We have known for quite some time that disadvantaged individuals suffer from poorer health outcomes and lower life spans than the advantaged. The disadvantaged do not perform as well on educational tests than their wealthier peers. In some situations, racial discrimination intersects with poverty to worsen these outcomes for minorities. With the notion that poverty becomes implanted in an individual’s genes and brain, science helps explain how these disparate lifespans and variations in cognitive outcomes come to be. This Article collectively refers to these scientific theories as embodied inequality. Embodied inequality explains why it is so difficult for individuals to …