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Articles 211 - 232 of 232
Full-Text Articles in Legal Writing and Research
Leveling The Playing Field: Helping Students Succeed By Helping Them Learn To Read As Expert Lawyers, Laurel Oates
Leveling The Playing Field: Helping Students Succeed By Helping Them Learn To Read As Expert Lawyers, Laurel Oates
Faculty Articles
The article explores a way in which law schools can level the field of student admission in order to ensure the success of students as law students and as lawyers in the United States. A study which compares the reading skills of a professor and four students who had been admitted to law school under a special admissions program is presented. It provides the techniques for students to develop their reading skills. It emphasizes on the importance of teaching legal reading.
(Un)Examined Assumptions And (Un)Intended Messages: Teaching Students To Recognize Bias In Legal Analysis And Language , Lorraine Bannai, Anne Enquist
(Un)Examined Assumptions And (Un)Intended Messages: Teaching Students To Recognize Bias In Legal Analysis And Language , Lorraine Bannai, Anne Enquist
Seattle University Law Review
This article discusses how law school, specifically through legal writing courses, can address cultural bias and its effect on legal analysis and language. Part I addresses why the law school curriculum should aid students in recognizing expressions of bias in legal analysis and language. Part II discusses how bias typically appears in legal language, as well as how it may infect legal analysis and argument, and suggests ways of teaching students to recognize it in a legal writing course. Part III addresses challenges that may be faced in teaching the material, including suggestions for handling discussions of potentially sensitive subjects.
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Faculty Articles
To fine-tune legal writing courses to better prepare law students to enter legal practice, Professors Constance Krontz and Susan McClellan surveyed judges and practicing attorneys who supervise the work of first-year associates or judicial law clerks. They selected attorneys from a variety of practices in Washington State, including offices of public defenders and state prosecutors, the Attorney General's office, and private firms of various sizes. They sought information about the performance of all first-year clerks and associates, without reference to where they obtained their law degrees. Knowledge of the bench and bar's perception of the oral and written performance of …
The Way We Were And What We “B”, Kelly Kunsch
The Way We Were And What We “B”, Kelly Kunsch
Faculty Articles
This article describes the changes over the past 20 years in the job of reference librarian. Using typical reference questions and quotes from leading law librarians in the early '80s, the author compares current practice and explains the differences in the time, place, and manner of legal reference. Although answering questions may be done today more quickly and efficiently than 20 years ago, the increase in demand and expectations make the job more challenging than ever.
I Know That I Taught Them How To Do That, Laurel Oates
I Know That I Taught Them How To Do That, Laurel Oates
Faculty Articles
Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.
On Writing A Casebook, Myron Moskovitz
On Writing A Casebook, Myron Moskovitz
Seattle University Law Review
In this Article, the author will discuss his theory for writing a casebook, how to organize the book and select cases, and how to get your book published.
Beyond Communication: Writing As A Means Of Learning, Laurel Oates
Beyond Communication: Writing As A Means Of Learning, Laurel Oates
Faculty Articles
In this article, Professor Oates examines the belief that writing facilitates learning from several perspectives. Part I describes the writing-to-learn movement, beginning with James N. Britton's and Janet Emig's assertions that writing is a unique method of learning and ending with John M. Ackerman's claim that writing is no better and, is sometimes worse, than other modes of learning. Building on the evidence described in Part I, Part II discusses writing to learn in light of four theories: behaviorism, Linda S. Flower and John Hayes's models of the composing process, Carl Bereiter and Marlene Scardamalia's models of knowledge telling and …
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
Faculty Articles
Law review editors often have a hard time adjusting to their new role of evaluating and critiquing the work of professors and established legal scholars, resulting in entire editorial boards missing fundamental problems in a particular article. The author provides a solution to this problem by recommending the adoption of two separate phases of editing - a substantive editing phase, which addresses what the article actually communicates, and a technical editing phase, which addresses the form the author uses to communicate. As examples for any law review to follow, the author provides two substantive edits of two different author submissions …
Sailing Through Designing Memo Assignments, Lorraine K. Bannai, Anne Enquist, Judith Maier, Susan Mcclellan
Sailing Through Designing Memo Assignments, Lorraine K. Bannai, Anne Enquist, Judith Maier, Susan Mcclellan
Faculty Articles
Sailing and designing memo assignments have a lot in common. At first, both can seem overwhelming - so much to learn, so much to organize sequentially, and so much to get right in a short period of time. Mistakes mean instability, lost time, and possibly capsizing. Avoiding the mistakes, a good skipper can break through to clean water and good air, and teaching writing can be exhilarating. The students and teacher both benefit from and enjoy working with an ideal memo assignment. The process is critical, but the destination is key. No memo assignment is effective if it results in …
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
Faculty Articles
The authors, themselves writing advisors at The John Marshall Law School and Seattle University School of Law respectively, have recently surveyed both Directors of Legal Writing and Writing Advisors across the country to learn more about the phenomena of Writing Advisors in law schools. This article will report the results of that survey. First, however, the authors will give a brief history of the events surrounding the arrival of Writing Advisors at law schools, including the rise of the writing-across-the-curriculum (WAC) movement, and then they will describe how these events set the stage for Writing Advisors at law schools. Second, …
Critiquing And Evaluating Law Students' Writing: Advice From Thirty-Five Experts, Anne Enquist
Critiquing And Evaluating Law Students' Writing: Advice From Thirty-Five Experts, Anne Enquist
Seattle University Law Review
While there are some differences of opinion about what is the best way to comment on and grade law students' writing, a consensus seems to be developing based on the experience and insights of those in the profession who have done the job the longest and survived to tell about it. To help articulate this consensus, I selected thirty-seven experienced legal writing professors and asked them to respond to a questionnaire about critiquing and evaluating law students' writing. My goal was to gather and record their wisdom, insights, and experience for other legal writing professors, particularly those who are new …
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Faculty Articles
This article uses quotes from interviews with diverse students as a spring board to discuss contextualized learning theory and teaching strategies to enhance student learning. Students must relate new information to their own experience; develop ideas about the new information; and articulate their understanding of it. In other words, to fully understand something, students must be able to relate to it, own it, and translate it. To help students do this, the article discusses and provides examples of three concrete teaching strategies: experiential learning exercises, writing exercises, and collaborative exercises.
Education's Promise, Laurel Oates, Sam Wineberg
Education's Promise, Laurel Oates, Sam Wineberg
Faculty Articles
This is a story with at least two parts. In the first part, Sam Wineburg, a Professor of Educational Psychology at the University of Washington, tells his story, the story of instruction in the United States, beginning with one revolution, the scientific revolution, and ending with another, the cognitive revolution. In the second part, Laurel Oates, the Director of Legal Writing at Seattle University School of Law, tells our story, the story of legal education and, in particular, legal writing, and how both have been affected by these revolutions.
Critiquing Law Students’ Writing: What The Students Say Is Effective, Anne Enquist
Critiquing Law Students’ Writing: What The Students Say Is Effective, Anne Enquist
Faculty Articles
It seemed worthwhile to study the comments legal writing instructors put on students' papers and ask the readers of those comments - the students themselves - which comments were the most useful. This article describes such a study that was conducted by the author using students and faculty at the University of Puget Sound School of Law. The results should be useful to new legal writing faculty who are striving to learn how to critique their students' writing effectively, as well as to experienced legal writing faculty who are interested in whether the conventional wisdom about critiquing is borne out …
Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield
Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield
Faculty Articles
This article begins with the premise that most law students will become professional writers: that is, they will make their living from writing, whether in practice or academia. As such, they should be confident and comfortable with legal discourse and composition in practical, social, and intellectual contexts. That confidence must be based on good training throughout their law school careers, and that training must look beyond legal writing problems to solutions. To suggest solutions to legal writing problems, this article examines traditional definitions of legal writing, definitions that may themselves be impeding progress toward more effective training. It then offers …
Tip Jars At The Law Library Reference Desk, Kelly Kunsch
Tip Jars At The Law Library Reference Desk, Kelly Kunsch
Faculty Articles
Kelly Kunsch humorously argues for law reference librarians' right to accept tips for their service to the law school community.
The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow
The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow
Seattle University Law Review
The "adventures in the language of the law" that follow examine some contemporary usage problems that have special implications for the law and suggest ways these problems might be avoided or resolved.
: An Appraisal, Sidney Delong
: An Appraisal, Sidney Delong
Faculty Articles
Professor DeLong’s article provides a humorous observation of legal writing. His article on the colon and "colonization" presents a lighter side to the legal subject matters that can often prove to be a struggle to write as well as to read.
Research And Writing About Legal Writing: A Foreword From The Editor, Chris Rideout
Research And Writing About Legal Writing: A Foreword From The Editor, Chris Rideout
Faculty Articles
The growing attention to the quality of legal prose is laudable. Yet more fundamental inquiry into legal writing and its associated activities, research and analysis, is needed as well. Before a more comprehensive attention to legal writing can be offered, we should understand more about what the characteristics of legal writing are, how it is written, and how it is used. This journal calls for the inquiry to begin and offers one forum for publishing the results. The inquiry into legal writing should not be conducted solely in response to perceived needs for reform. Legal prose itself, in its history, …
Book Review: Legal Writing: Getting It Right And Getting It Written By Mary Barnard Ray And Jill J. Ramsfield, Ruth C. Vance
Book Review: Legal Writing: Getting It Right And Getting It Written By Mary Barnard Ray And Jill J. Ramsfield, Ruth C. Vance
Seattle University Law Review
Legal Writing: Getting It Right and Getting It Written is a legal writing aid that is in a class by itself. This book does not fall neatly into the five predictable classifications of legal writing texts: those on legal research, those devoted to brief writing and oral argument, those on how to take law examinations and brief cases, those aimed at polishing grammar and style, and those that treat the subject generally. While there is still no single text that will completely cover any legal writing course, the references in Legal Writing obviate the need for a grammar and style …
Legislative History In Washington, Arthur C. Wang
Legislative History In Washington, Arthur C. Wang
Seattle University Law Review
This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Faculty Articles
Professor McGee presents Roscoe Pound’s legal legacy—the most distinguished career in American legal scholarship. McGee discusses Pound’s essential jurisprudence, his jural postulates and critical views, and Pound’s theory of interests—social, public, and individual. McGee also delves into Pound’s academic concern with social control and discretion in criminal justice .