Legal Writing and Research Commons^™

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

Meeting The Challenges Of Instructing International Law Graduate Students In Legal Research, Nina E. Scholtz, Femi Cadmus

Faculty Scholarship

Teaching international LL.M. students legal research offers its own peculiar challenges. The brevity of the LL.M. program and the limited time available for thoroughly introducing basic research concepts have made it particularly difficult, but the innovative and creative methods of instruction highlighted in this article have provided good solutions.

Mexican Law And Legal Research, Julienne Grant, Jonathan Pratter, Bianca Anderson, Marisol Floren-Romero, Jootaek Lee, Lyonette Louis-Jacques, Teresa Miguel-Stearns, Sergio Stone

Faculty Publications & Other Works

No abstract provided.

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in the typical skills …

A Writing Revolution: Using Legal Writing's 'Hobble' To Solve Legal Education's Problem, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The attached article responds to a 2011 article by John Lynch, published in the Journal of Legal Education, that urged legal writing faculty to return to an outmoded and ineffective writing pedagogy, the “product approach,” on the grounds that it would make teaching legal writing easier. This article builds on the work of Carol McCrehan Parker and others interested in writing across the curriculum and argues that the only way to reduce legal writing’s “hobble” and to solve legal education’s problem is to create a six-semester writing requirement. The reason law students are graduating without adequate preparation for practice is …

Scholarly Incentives, Scholarship, Article Selection Bias, And Investment Strategies For Today's Law Schools, Dan Subotnik, Laura Ross

Touro Law Review

No abstract provided.

The Future Of Scholarship In Law Schools, Fabio Arcila Jr.

Touro Law Review

No abstract provided.

Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer

Faculty Publications

One of the most important contributions a law school can make is to the development of the law through scholarly research. As one of the three pillars of being an academic-the other two being teaching and service-producing legal scholarship in one's respective area of expertise is an enterprise that nearly all law schools would like to support. However, during these challenging times for legal education arising from enrollment declines and the resultant adverse budgetary impacts, fully supporting legal scholarship can be particularly challenging. Having served as Associate Dean for Research I at Washington & Lee University School of Law ("W …

Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal

Faculty Scholarship

No abstract provided.

Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner

Faculty Scholarship

Robert C. Berring has called West Publishing Company’s American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West’s digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring’s scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were …

Creating And Teaching A Specialized Legal Research Course: The Benefits And Considerations, Erika Cohn

All Faculty Scholarship

This article outlines the author's experience creating and teaching a specialized legal research course. It includes the reasons for offering such a course, tips for selecting a topic and developing a syllabus, getting the course approved, creating student interest, developing a teaching plan, and evaluating the course.

Libguides, Blog Posts, And Articles, Oh My!, Marie Stefanini Newman, Taryn L. Rucinski

Elisabeth Haub School of Law Faculty Publications

“Publish, publish, publish!” is a piece of advice commonly offered to students by career services departments in law schools across the country. Student publications typically take the form of law review or bar journal articles or perhaps competition submissions; however, with the advent of accessible Web 2.0 technologies, publishing has evolved to encompass all sorts of content, styles, lengths, and audiences.

The Pace Law Library approach has been mostly electronic in nature and incorporates into Pace’s advanced legal research courses portfolio pieces such as student-authored research guides, blog posts, and bar journal articles. Moreover, student notes that satisfy the school’s …

W&L Law Fall Scholarship Celebration 2013, Nora V. Demleitner

Library Events

On November 14, 2013, the Washington and Lee Law Library hosted a first-of-its-kind Fall Scholarship Celebration. The event took place in the Law Library's main reading room from 5:00 p.m. to 7:00 p.m.

On display were dozens of scholarly articles, books, chapters, and amicus briefs authored by the W&L Law faculty and student body during 2012 and 2013, with hundreds of additional works accessible online through the Scholarly Commons institutional repository.

Faculty, librarians, staff, and administrators mingled with law students over hors d'oeuvres and wine to peruse the formidable scholarly output of the W&L Law community. Spouses, alumni, faculty from …

A Third Semester Of Lrw: Why Teaching Transactional Skills And Problems Is Now Essential To The Legal Writing Curriculum, Karin Mika

Law Faculty Articles and Essays

The article advocates including drafting and transactional courses in Legal Writing programs to better prepare students for practice. The article also advocates teaching various upper level skills courses so that students learn "soft skills," such as dealing with clients and understanding their personal legal needs.

Whittling: Drafting Concise And Effective Appellate Briefs, Brian K. Keller

The Journal of Appellate Practice and Process

No abstract provided.

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
• A Lesson in Flying (RonNell Anderson Jones)
• Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
• Instruments in His Hand (Elder Larry Echo Hawk)

University Of New Hampshire School Of Law Library, Susan Drisko Zago

Law Faculty Scholarship

Review of The University of New Hampshire School of Law Library, Concord, NH.

A Normalized Scoring Model For Law School Competitions, Edward K. Cheng -- Professor Of Law, Scott J. Farmer

Vanderbilt Law School Faculty Publications

Although the focus in this Article is moot court scoring, one can envision many other instances of law school assessment in which such a normalization problem arises. Law review competitions also involve different sets of graders, whose subjective determinations must be reasonably commensurate to make fair comparisons. Even more intriguing, although presenting a more complicated problem, law school grades suffer the same normalization concern. Courses feature material with different degrees of difficulty, attract different pools of students, and are taught by different instructors. Yet, class rank and graduation honors are ultimately calculated under the assumption that all grades are commensurate. …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

The Art Of Legal Writing, Thomas E. Spahn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Engaging First-Year Students Through Pro Bono Collaborations In Legal Writing, Mary Bowman

Faculty Articles

This article recommends developing assignments for first-year legal writing courses through collaborations with legal services organizations. The article stems from and describes such ongoing projects at Seattle University School of Law, where several hundred first-year law students have worked on such projects so far. We have partnered with lawyers at organizations like the National Employment Law Project, the ACLU of Washington, and Northwest Justice Project to come up with live issues that they would like to have researched, and they received the best student work product from each class. The partner organizations have used the students’ work in several ways, …

Using Student Evaluation Data To Examine And Improve Your Program, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

At many schools, directing a legal writing program today is quite different than it was even 10 years ago. As LRW faculties mature and the individual faculty members grow in the profession, the need for a “top-down” director is lessening or going away in many programs. However, in many schools there remains a valuable leader/coach sort of role for a director, whether that person rotates, coordinates, or however it works in practice that is best for the school. This new sort of director is ideally someone who is able to encourage and support a culture of programmatic excellence and is …

Library Services For The Self-Interested Law School: Enhancing The Visibility Of Faculty Scholarship, Simon Canick

Faculty Scholarship

This article suggests a new set of filters through which to evaluate law library services, in particular those that support faculty scholarship. Factors include profound changes in legal education, and motivators of today’s law professors. Understanding the needs of self-interested deans and professors, libraries can fill new roles that are consistent with our core values. In particular we can focus on dissemination and promotion of faculty work, especially through innovative open access projects.

"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Legal Writing For The Real World: A Practical Guide To Success, 46 J. Marshall L. Rev. 487 (2013), Megan Boyd, Adam Lamparello

UIC Law Review

No abstract provided.

Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean

Journal of Business & Technology Law

No abstract provided.

Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana

Journal of Business & Technology Law

No abstract provided.

Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch

Law Faculty Publications

This article introduces Prezi, the online presentation software which has emerged as a most promising alternative to Microsoft PowerPoint. Part I offers a basic description of Prezi, points out widely perceived shortcomings of PowerPoint, and considers whether Prezi can remedy them.

The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman

Faculty Scholarship

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …

Gideon's Legacy: Taking Pedagogical Inspiration From The Briefs That Made History, Elizabeth Berenguer Megale

Barry Law Review

No abstract provided.