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Full-Text Articles in Law

Breaking The Rules, Rima Sirota Jun 2023

Breaking The Rules, Rima Sirota

Georgetown Law Faculty Publications and Other Works

“Breaking the Rules” is a legal research and writing assignment that I crafted for students completing their first year of law school. The assignment honors new students’ desire for skills that will allow them to effectively challenge the status quo of settled but discriminatory legal rules. Part I of this article is an essay that contextualizes and explains the assignment; Part II provides the assignment itself.


Generative Ai And Finding The Law, Paul D. Callister Jan 2023

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states five principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the five principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains …


Re-Envisioning Law Student Scholarship, Emily Zimmerman Oct 2020

Re-Envisioning Law Student Scholarship, Emily Zimmerman

Catholic University Law Review

This Article recommends that we think more intentionally about how law students’ engagement in scholarship can promote their professional development. In so doing, we should recognize that legal scholarship plays a different role for law students than it does for law professors. Rather than trying to replicate law professors’ relationship with scholarship, the pedagogy of law student scholarship should focus more intentionally on the value of scholarship for law students—most of whom will not become law professors.

This Article suggests that much of the value of scholarship for law students lies in process, rather than product. Rather than thinking …


Exploring Diversity With A "Culture Box" In First-Year Legal Writing, Ann N. Sinsheimer Jan 2019

Exploring Diversity With A "Culture Box" In First-Year Legal Writing, Ann N. Sinsheimer

Articles

Studying law is in many ways like studying another culture. Students often feel as though they are learning a new language with unfamiliar vocabulary and different styles of communication. Throughout their legal education, students are also exposed to a profession comprised of unique traditions and expectations. As a result, learning law takes time and energy. It can be both engaging and frustrating and may even challenge some of students’ values and belief systems. To ease her students’ transition to law school, the author starts her course each year with a “culture box” exercise, which encourages students to examine who they …


Practice And Fitness Making Writing Perfection More Nearly Attainable, Heather Ridenour, David Spratt Jan 2018

Practice And Fitness Making Writing Perfection More Nearly Attainable, Heather Ridenour, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Experiential Legal Writing Before Law School: Undergraduate Judicial Opinions, Tom Rozinski Jan 2017

Experiential Legal Writing Before Law School: Undergraduate Judicial Opinions, Tom Rozinski

Journal of Experiential Learning

No abstract provided.


Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page Jan 2017

Not So Very Bad Beginnings: What Fiction Can Teach Lawyers About Beginning A Persuasive Legal Narrative Before A Court, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.


Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine Dec 2016

Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine

Jan M. Levine

On December 3, 2016, the Duquesne University School of Law hosted the first national conference on drafting statutes and rules, as our fifth biennial conference on legal writing pedagogy, resulting in this issue of the Duquesne Law Review. The conference theme and agenda was developed by the faculty of the Legal Research and Writing Program and was supported by our law school administration and our generous alumni, with additional assistance from LexisNexis and Wolters Kluwer Legal Education. The theme of this conference was “Statutes and Rules: Pedagogy, Practice, and Politics.”


Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour Jan 2016

Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Amicus Briefs: Friends Of Lawyering Skills Pedagogy, Adam Lamparello, Charles Maclean Jan 2014

Amicus Briefs: Friends Of Lawyering Skills Pedagogy, Adam Lamparello, Charles Maclean

Adam Lamparello

No abstract provided.


Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello Jan 2014

Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello

Adam Lamparello

Law schools have an ethical duty to train effective legal writers who understand that the skills acquired in law school are intended to serve something greater than themselves — the bench, bar, and broader community. Training good writers — and good people — can happen by creating a writing curriculum that focuses on persuasive advocacy, public service, and honest legal representation from the first semester to the last. This change will be a challenge to legal writing professors everywhere, but with proper institutional support and collaboration, law schools can prepare their students for a profession “that depends on flawless writing, …


Requiring Three Years Of Real-World Legal Writing Instruction: Law Students Need It; Prospective Employers Want It; The Future Of The Legal Profession Demands It, Adam Lamparello, Charles Maclean Jan 2014

Requiring Three Years Of Real-World Legal Writing Instruction: Law Students Need It; Prospective Employers Want It; The Future Of The Legal Profession Demands It, Adam Lamparello, Charles Maclean

Adam Lamparello

Part I of this three-part series set forth a blueprint for change. In this essay, we get more specific and propose a three-year legal writing curriculum that is designed to mirror the actual practice of law, from start to finish, and provide alternative paths for students who prefer to focus on transactional drafting or alternative dispute resolution. In so doing, we include: (1) required courses for each of the six semesters of law school; (2) a discussion of the practical skills that students will acquire in each course; (3) electives that students may take to complement their required courses; and …


Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd Jan 2014

Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd

Adam Lamparello

Show, Don’t Tell is designed to help all members of the legal profession learn to effectively draft the most common litigation documents. Far too many books offer tips and advice about good writing, but don’t actually show the reader specific examples of good writing or show the reader why examples offered are effective. The authors have read many books on legal writing, but once we learned the basics of legal writing, we didn’t learn anything in those books to make us better writers. Why? We were exposed to the best theories, but never given practical, how-to tips to turn book …


Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean Jan 2014

Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean

Adam Lamparello

So, why didn’t they teach me this in law school?” The problem has nothing to do with ‘bad’ or uncaring teachers, but with a pedagogical approach that mistakenly divorces the acquisition of legal knowledge—and practical skills training—from their functional roles in the real world. In law school, students are typically required to write a memorandum or an appellate brief, but without knowing how each document fits into the broader context of actual law practice, the student’s ability to put that knowledge to practical use is limited. Every litigation document, whether it is, for example, a legal memorandum, complaint, motion to …


No Shoehorn Required: How A Required, Three-Year, Persuasion-Based Legal Writing Program Easily Fits Within The Broader Law School Curriculum, Adam Lamparello, Charles Maclean Jan 2014

No Shoehorn Required: How A Required, Three-Year, Persuasion-Based Legal Writing Program Easily Fits Within The Broader Law School Curriculum, Adam Lamparello, Charles Maclean

Adam Lamparello

In prior articles, we advocated for a required fifteen-credit, three-year, persuasion-based, linear legal writing curriculum. Our model begins with persuasive advocacy from the first day of law school, and takes a sequential approach that mirrors the practice of law — from the initial client meeting to the appellate brief.

It includes a separate track for those interested in transactional work, incorporates alternative dispute resolution and settlement simulations, and involves students in researching and drafting amicus briefs before federal appellate courts. Students are also offered several electives each semester to complement their required course load, and receive intense training in narrative …


Playing To The Audience, David Spratt Jan 2013

Playing To The Audience, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch Dec 2012

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.


Understanding The Cycle Of Procrastination, Meehan Rasch Dec 2012

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.


Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan Nov 2012

Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan

Touro Law Review

No abstract provided.


Legal Education And Civility, Mark Niles Jan 2011

Legal Education And Civility, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sometimes Putting Pen To Paper Is Tougher Than It Seems, Heather Ridenour, David Spratt Jan 2011

Sometimes Putting Pen To Paper Is Tougher Than It Seems, Heather Ridenour, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway Dec 2010

How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway

Anna P. Hemingway

Students’ reactions to feedback are intriguing. Why is it that some students resist, and in fact almost resent, receiving suggestions for improving their work while others are grateful and clamor for more help? This short article examines the role of gratitude in legal education. It suggests that students who engage in disciplined optimism, i.e., positive attitude and hard work, are more likely to succeed in law school than students who avoid feedback and self-handicap their efforts.


Creac Scramble: An Active Self-Assessment Exercise, Meredith Aden Oct 2010

Creac Scramble: An Active Self-Assessment Exercise, Meredith Aden

Popular Media

No abstract provided.


Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt Jan 2010

Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Writing Essay Exams To Succeed In Law School (Not Just To Survive), John Dernbach Dec 2008

Writing Essay Exams To Succeed In Law School (Not Just To Survive), John Dernbach

John C. Dernbach

No abstract provided.


Toward A Deeper Understanding Of Professionalism: Learning To Write And Writing To Learn During The First Two Weeks Of Law School, Ben Bratman Jan 2008

Toward A Deeper Understanding Of Professionalism: Learning To Write And Writing To Learn During The First Two Weeks Of Law School, Ben Bratman

Articles

Law schools are under pressure to instill in their students a sense of professionalism, but what exactly does professionalism mean? And what can professors of legal writing do to lay an educational foundation of professionalism? They are, after all, the teachers who at most schools have the greatest interaction with the impressionable first-year students.

Professionalism is frequently used to mean a variety of behaviors that are important for lawyers to exhibit, but that are also important for those in business - outside the traditional professions - to exhibit. In the context of legal education, professionalism is better understood to mean …


Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr. Jan 2006

Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr.

Faculty Publications

Imagine that you have returned to your first year of law school. In your legal writing course, you are required to finish the year with an extensive brief analyzing a legal problem. After months in your doctrinal courses dealing with mind-bending legal issues such as liquidated damages, substantive due process, felony murder, personal jurisdiction, and shifting executory interests, you are ready to sink your teeth into a challenging legal writing assignment. You want to show your stuff and prove that your writing is law review caliber. Your assignment starts as follows: Greenacre is a parcel of land bounded on three …


Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins Jan 1993

Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins

Law Faculty Scholarship

No abstract provided.


Dean Brings New Ideas To Law School, Evelyn Elllison Dec 1991

Dean Brings New Ideas To Law School, Evelyn Elllison

Alfred Aman Jr. (1991-2002)

No abstract provided.