Law Commons^™

Hitting The Wall As A Legal Writer, Elizabeth Fajans

Elizabeth Fajans

This article tries to answer a question students frequently ask, but which I often find hard to answer, namely, how they can move from a “B+” or “A-” on a paper to an “A.” Papers at the “B” level or lower have clearly identifiable faults: they lack thoroughness, misstate authority, draw imperfect analogies, make implausible arguments, or contain organizational, grammatical, or citation errors. In contrast, a “B+” or “A-“ paper may make none of these errors; they just lack a certain something, some value-added factor not captured by standard rubrics. Not only are the value-added factors harder to identify and …

Competing Stories: A Case Study Of The Role Of Narrative Reasoning In Judicial Decisions, Kenneth D. Chestek

Kenneth D. Chestek

Abstract:

Within minutes after President Obama signed into law the Patient Protection and Affordable Care Act (derisively referred to by some as the “Obamacare” law), the lawsuits started flying. Literally dozens of suits were filed all across the country. Some were frivolous, but many others raised serious issues of federalism and the reach of Congress’ power under the Commerce Clause.

Of the initial spate of lawsuits, ultimately five were decided by various trial courts on the merits of the Commerce Clause issue. Three judges found the law constitutional, and two others found it unconstitutional. But since the issue is almost …

Reinvigorating The 1l Curriculum: Sequenced "Writing Across The Curriculum" Assignments As The Foundation For Producing Practice-Ready Law Graduates, Alice M. Noble-Allgire, Suzanne J. Schmitz

Alice M. Noble-Allgire

Study after study lists written legal analysis as one of the most critical skills of a lawyer; yet it is often under-developed in the traditional law school curriculum. This article describes an integrative, sequenced “Writing Across the Curriculum” (WAC) program to help first-year law students master legal analysis and writing by systematically developing these skills though writing assignments in doctrinal courses, thereby enhancing the instruction that students receive in the Lawyering Skills course. The article discusses the key components of the program --- writing assignments sequenced to build skills incrementally from simple to complex; prompt and consistent feedback based upon …

Reinvigorating The 1l Curriculum: Sequenced Awriting Across The Curriculum@ Assignments As The Foundation For Producing Practice-Ready Law Graduates, Alice M. Noble-Allgire, Suzanne J. Schmitz

Alice M. Noble-Allgire

This article describes an integrative, sequenced “Writing Across the Curriculum” (WAC) program to help first-year law students master legal analysis and writing by systematically developing these skills though writing assignments in doctrinal courses, thereby enhancing the instruction that students receive in the Lawyering Skills course. The article discusses the key components of the program --- writing assignments sequenced to build skills incrementally from simple to complex; prompt and consistent feedback based upon a competency model; and transparency in setting forth the professor’s expectations, both in advance of the exercise and in the feedback --- and assesses some of the benefits …

Come A Little Closer So That I Can See You My Pretty: The Use And Limits Of Fiction Point Of View Techniques In Appellate Briefs, Cathren Page

Cathren Page

Come a Little Closer so That I Can See You my Pretty, The Use and Limits of Fiction Point of Techniques in Appellate Briefs began when I was struggling to explain point of view to my students in Appellate Advocacy. They represented a fictional criminal defendant whose bag was searched when the police were executing a premises warrant at his friend’s house. My students scrunched up their faces when I tried to explain why they should not start their facts with the friend’s crime that spurred the search. The crime happened first in time, so to them it came first. …

Sea Change: The Seismic Shift In The Legal Profession And How Legal Writing Professors Will Keep Legal Education Afloat In Its Wake, Kirsten A. Dauphinais

Kirsten A Dauphinais

2010 found us in the midst of what commentators have called "The Great Recession" and the effects on the legal profession have been profound. Law firms have lost their immunity to recession and industry leaders are concluding that the recession has and will continue to have an enduring impact on the profession, including extensive layoffs, salary decreases, hiring freezes, firm closures, and even deaths. Many observers have predicted that these changes may prove to be permanent, not only because of the magnitude of the economic downturn, but also because the present predicament is only an acceleration of the decline of …

Fixing Students' Fixed Mindsets: Paving The Way To Meaningful Assessment, Carrie Sperling

Carrie Sperling

Soon every law school in the country will be turning its attention to the important topic of assessment. Responding to a new ABA guideline, schools will be tackling the difficult task of defining, refining, and creating more assessment opportunities for their students. The guideline’s purpose is to improve student learning through more assessment, but nothing in the ABA proposal changes the fact that many of our students fail to react adaptively to feedback. Instead, many students will become hostile, defensive, or despondent and will, therefore, not further develop their competencies.

With the American Bar Association putting emphasis on formative assessment …