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Articles 1 - 14 of 14
Full-Text Articles in Law
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Scholarly Works
No abstract provided.
Generalist Judges And Advocates' Jargon, Douglas E. Abrams
Generalist Judges And Advocates' Jargon, Douglas E. Abrams
Faculty Publications
Clerking is a privilege. Fresh out of law school and eager to begin their careers, law clerks at any level of the federal or state judiciary covet the opportunity to learn from a judge’s reservoir of knowledge. But law clerks who anticipate careers writing as advocates are also well-positioned to learn about something that a judge may not know when briefs or other adversary submissions land on the desk.
That “something” concerns jargon, this article’s focus because its use by advocates can impede the court’s understanding of a case’s facts and law. “Jargon” refers to “special words or expressions that …
Judges And Their Editors, Douglas E. Abrams
Judges And Their Editors, Douglas E. Abrams
Faculty Publications
No abstract provided.
Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura K. Ray
Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura K. Ray
Laura K. Ray
Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon
Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray
Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray
Laura K. Ray
In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to …
Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance
Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance
Law Faculty Publications
No abstract provided.
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Starla J. Williams
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Jennifer M. Lear
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society.
The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Ann E. Fruth
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Opinion Writing And Opinion Readers, Meehan Rasch
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, …
The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney
The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione
The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …
Writing For Judges, Pierre Schlag