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Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown Jan 2014

Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown

Articles & Chapters

A search in published and unpublished court decisions for derivations of phrases like "poorly written brief" or "failure to follow court rules" yields an alarming multitude of case opinions in which judges admonish lawyers of all levels of experience for shoddy briefs or for flouting non-negotiable substantive and procedural rules. Legal bloggers have affectionately dubbed these public reprimands "benchslaps."

Section I of this article provides a contextual background that professors and practitioners can share with rookie legal writers, using judicial opinions to demonstrate the eight most-common ways that attorney work product falls short of judges' expectations and, more importantly, how …


See Erie: Critical Study Of Legal Authority, Kris Franklin Jan 2008

See Erie: Critical Study Of Legal Authority, Kris Franklin

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No abstract provided.


Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman Jan 2004

Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman

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The rhetorical skill necessary to speaking and writing persuasively may be studied with great profit by exploring realms of knowledge far from the courtroom and the law office. Literature naturally comes to mind as a rich resource for the study of persuasion. For this essay, I have chosen a well-known set of speeches that appear in William Shakespeare's Julius Caesar to illustrate various aspects of persuasion.

In the play's most riveting scene, Marcus Brutus and Mark Antony speak before a crowd of Romans, giving their opposing views of the assassination of Caesar. Brutus claims justification for his and his co-conspirators' …


Rewriting First Year Legal Writing Programs, Michael Botein Jan 1980

Rewriting First Year Legal Writing Programs, Michael Botein

Articles & Chapters

No abstract provided.


If We Can't Teach Our Students To Write... Let's Examine Some Alternatives That May Have A Chance To Work, Michael Botein Jan 1977

If We Can't Teach Our Students To Write... Let's Examine Some Alternatives That May Have A Chance To Work, Michael Botein

Articles & Chapters

No abstract provided.