Legal Writing and Research Commons^™

Principles Of Legal Writing, Raluca Papadima

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No abstract provided.

Style, Substance, And Process: An Elegant Trio, Justin Iverson

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No abstract provided.

From Briefs To Bytes: How Generative Ai Is Transforming Legal Writing And Practice, Joseph Regalia

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ChatGPT is having a moment in the legal field. And for good reason: Generative artificial intelligence (“AI”) was already disrupting the practice of law before OpenAI’s new chatbot came on the scene. But ChatGPT marks a new era. The brain behind OpenAI’s latest AI contains up to a trillion artificial neurons and was trained on hundreds of billions of pieces of text gathered on the web. All that data makes for the smartest AI ever.

But what’s more important is that all that computational muscle is aimed at things lawyers do every day: (1) Understanding complex concepts, (2) analyzing convoluted …

Merging The Bench, Bar, And Law Schools: How A Student Scholars Program Achieves Professional Identity Through Scholarly Writing, Mentorship, And Presentation, Joan Foley, Robin Boyle, Troy Kessler

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This Article describes an innovative co-curricular program, the Student Scholars Program, that provides law students with an opportunity to present their scholarly papers before the bench, bar, and law school community. The Program aids law schools in meeting accreditation standards, such as the ABA Standards 302 and 303. Standard 302 requires law schools to achieve specific learning outcomes. Standard 303(b)(3) requires law schools to provide "substantial opportunities" for students to develop a "professional identity." This program aids schools in achieving these standards. Furthermore, this program increases interaction between students and the legal profession by creating episodic mentoring opportunities. Launched in …

Applying Motivation Theory To Improve 1ls' Motivation, Self-Efficacy, And Skill Mastery, Nathan A. Preuss

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This article discusses how understanding two motivation and learning theories- expectancy-value and attribution-can help instructors to improve first-year law students' motivation, self-efficacy, and mastery of the knowledge and skills needed for success in law school as well as in their future careers

The Struggle With Basic Writing Skills, Ann Nowak

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No abstract provided.

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

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No abstract provided.

Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

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Judicial decision-making is not a neutral and logical enterprise that involves applying clear rules to agreed-upon facts. Legal educators can and should help students learn more about how judges actually go about making their decisions. The study of re-imagined judicial decisions, such as the alternative judgments from various Feminist Judgments Projects, can enrich the study of law in multiple ways. First, seeing a written decision that differs from the original can help students think “outside the box” constructed by the original opinion by showing them a concrete example of another perspective written in judicial language. Second, the rewritten judgments show …

Drawing Connections Between Artificial Intelligence, Cognition, And Legal Skills, Drew Simshaw

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No abstract provided.

Crafting Relatable Tales: Teaching Students The Importance Of Multidisciplinary Legal Research Using A Story Arc Structure, Paul Mclaughlin

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No abstract provided.

Using Problem-Enhanced Library Tours Rather Than Scavenger Hunts To Teach Incoming 1ls About Legal Sources And The Research Process, Paul Mclaughlin

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No abstract provided.

Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman

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Professor Pollman writes a tribute to The Journal of the Legal Writing Institute.

Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath

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In this piece written for Legal Writing: The Journal of the Legal Writing Institute, Professor Lori D. Johnson provides a compelling review of new publication co-authored by William S. Boyd Law Professor Linda L. Berger.

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

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Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory. …

Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

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In this introduction to an online symposium on Feminist Judgments: Rewritten Opinions of the United States Supreme Court, the editors of this groundbreaking project reflect on the journey and what remains to be done.

Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi

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In this book chapter, Professor Berger argues for thoughtful metaphor-making and storytelling in legal writing. Exploring legal rhetoric with an eye for gender justice, she argues metaphor and narrative shape perspective and ask the reader to join the writer in the imaginative work of seeing one thing as another. The same shift in perspective that leads to re-conception—a shift that takes advantage of metaphor and narrative’s ability to say what only they can say—is what writers aim to achieve when they use metaphor and narrative for feminist and social justice advocacy.

Information Literacy In A Fake/False News World: An Overview Of The Characteristics Of Fake News And Its Historical Development, Carol A. Watson

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Prior to designing strategies and information literacy programs to combat the dissemination and proliferation of fake/false news, it is instructive for legal information professionals to understand the characteristics of fake news and the context of its historical development.

Securing Professional Development: Getting To Yes, Caroline Osborne, Carol A. Watson, Amy J. Eaton

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This article provides tips for employees seeking funding and training, and how supervisors can balance priorities and respond to requests.

Finding The Theory And Method For The Pedagogy Of Teaching Legal Research: A Response To Callister’S “Time To Blossom”, Paul Mclaughlin

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In his article “Time to Blossom,” Callister invites legal research experts to begin a discussion as to what theory and methodology would be most effective for teaching legal research. This article suggests that utilizing a tailored form of systems theory in conjunction with active learning methods would allow legal educators not only to teach students in an effective and understandable manner but also to adapt their teaching methods to correspond to changes in the legal research field.

Leveraging Academic Law Libraries To Expand Access To Justice, Paul Mclaughlin

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Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.

Conveying The Merits Of Print Sources To The Google Generation, Paul Mclaughlin

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No abstract provided.

Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson

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Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of …

When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger

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This chapter undertakes an ideological rhetorical analysis of several key provisions of Chapters 3 and 4 of the American Bar Association’s Standards for Approval of Law Schools, specifically, the interrelated provisions that regulate the curriculum and specify the required conditions of employment for the faculty of a law school. The analysis of selected ABA Standards regulating curricula and faculty supports rhetorical analyst Sonja Foss’s conclusion that the “dominant ideology controls what participants see as natural or obvious by establishing the norm. . . . [and] provides a sense that things are the way they have to be as it asserts …

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

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On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …

Writing Specialist As Rescue Club, Joan W. Howarth

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In this column in The Second Draft, a biennial online publication of the Legal Writing Institute featuring essays, book reviews, and shorter articles of interest to legal writing professionals, Professor Joan Howarth discusses the importance of her Writing Specialist, a key member of her faculty while Dean of Michigan State School of Law.

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone

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Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …

Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley

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Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

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In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …

Opinion & Dissent: Magic Words, Lori D. Johnson

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No abstract provided.

Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger

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An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”

My …