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Legal Writing and Research Commons

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New York Law School

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Articles 1 - 30 of 104

Full-Text Articles in Legal Writing and Research

How To Train Your Supervisor, Kris Franklin, Paula J. Manning Jan 2021

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Articles & Chapters

In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).

This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …


We Carry Each Other, Heidi K. Brown Jan 2019

We Carry Each Other, Heidi K. Brown

Articles & Chapters

No abstract provided.


Civility Reboot: Can Lawyers Learn To Be Nicer To One Another, Heidi K. Brown Oct 2018

Civility Reboot: Can Lawyers Learn To Be Nicer To One Another, Heidi K. Brown

Articles & Chapters

No abstract provided.


Talented But Overlooked, Heidi K. Brown Aug 2018

Talented But Overlooked, Heidi K. Brown

Articles & Chapters

We should transform hiring and mentoring of introverted lawyers.


Inclusive Legal Writing, Heidi K. Brown Apr 2018

Inclusive Legal Writing, Heidi K. Brown

Articles & Chapters

No abstract provided.


The Life Of The Law Cannot Be Coded, Rebecca Roiphe Jan 2018

The Life Of The Law Cannot Be Coded, Rebecca Roiphe

Other Publications

No abstract provided.


Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown Jan 2018

Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown

Articles & Chapters

No abstract provided.


Breaking Bad Briefs, Heidi K. Brown Apr 2017

Breaking Bad Briefs, Heidi K. Brown

Articles & Chapters

This article focuses on the practical effects of bad briefing on our legal process and suggests a holistic remedy: a system-wide commitment to striving to instill in law students and lawyers a respect for legal writing as, not only a fundamental competency of our chosen profession, but a talent that requires initial training, focused study, repeated practice, and conscious evolution throughout the arc of one’s legal education and career. Effective brief-writing is not as simple as a quick cut-and-paste job, a template download, or a stream-of-consciousness exercise, even for lawyers who repeatedly practice one type of case. Part I of …


Happy Warriors Against "Herein": 10 Rules For Creating Better Legal Documents, Adam L. Rosman Jul 2016

Happy Warriors Against "Herein": 10 Rules For Creating Better Legal Documents, Adam L. Rosman

Center Projects

No abstract provided.


The Lawyer's Guide To Writing Well (Third Edition) (2016), Tom Goldstein, Jethro K. Lieberman Jan 2016

The Lawyer's Guide To Writing Well (Third Edition) (2016), Tom Goldstein, Jethro K. Lieberman

Books

In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.


Fight The Hypo: Fake Arguments, Trolleyology, And The Limits Of Hypotheticals, Jethro K. Lieberman Jan 2014

Fight The Hypo: Fake Arguments, Trolleyology, And The Limits Of Hypotheticals, Jethro K. Lieberman

Tribeca Square Press

The hypothetical is the staple of the law school classroom and useful in most intellectual endeavors. But, this inaugural lecture argues, interlocutors frequently misuse and misinterpret responses to hypotheticals because they demand that their respondents accept the “facts” embedded within. This form of argument, dubbed “FAKE” (for “Facts Are Known Exactly”), poses “facts” that are either impossible to accept or highly improbable and that would provoke counterarguments but for the command to accept the facts as hypothesized. The author presents his thesis in part through the lens of recent literature on the ethics of runaway trolley cars (these cases constitute …


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 …


A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning Jan 2013

A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning

Articles & Chapters

No abstract provided.


People V. Givenni, Colette Siesholtz Jan 2012

People V. Givenni, Colette Siesholtz

NYLS Law Review

No abstract provided.


D Is For Digitize: An Introduction, James Grimmelmann Jan 2011

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.


The Why In Diy Book Scanning, Daniel Reetz Jan 2011

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.


The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy, R.B. Bernstein Jan 2011

The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy, R.B. Bernstein

NYLS Law Review

No abstract provided.


A Significant Symposium, Roger J. Miner Jan 2009

A Significant Symposium, Roger J. Miner

NYLS Law Review

No abstract provided.


Estate Of Pew V. Cardarelli, Rachel Bell Jan 2009

Estate Of Pew V. Cardarelli, Rachel Bell

NYLS Law Review

No abstract provided.


International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.


Advocating For Our Future, Sarah J. Mirsky Jan 2009

Advocating For Our Future, Sarah J. Mirsky

NYLS Law Review

No abstract provided.


Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse Jan 2009

Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse

NYLS Law Review

No abstract provided.


Toa Construction Co., Inc. V. Tsitsires, Jessica Tong Jan 2009

Toa Construction Co., Inc. V. Tsitsires, Jessica Tong

NYLS Law Review

No abstract provided.


Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher Jan 2009

Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher

NYLS Law Review

No abstract provided.


Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti Jan 2009

Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti

NYLS Law Review

No abstract provided.


Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno Jan 2009

Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno

NYLS Law Review

No abstract provided.


The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills Jan 2009

The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills

Articles & Chapters

No abstract provided.


The Google Dilemma, James Grimmelmann Jan 2008

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.


Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.


Sim City: Teaching “Thinking Like A Lawyer” In Simulation-Based Clinical Courses, Kris Franklin Jan 2008

Sim City: Teaching “Thinking Like A Lawyer” In Simulation-Based Clinical Courses, Kris Franklin

NYLS Law Review

No abstract provided.