Legal Writing and Research Commons^™

"The Real World": Creating A Compelling Appellate Brief Assignment Based On A Real-World Case, Elizabeth Inglehart, Martha Kanter

Faculty Working Papers

Creating an appellate brief problem that is realistic, balanced, and interesting for students to work on is one of the most challenging opportunities facing a legal analysis and writing professor. Developing such a problem is particularly important because many legal writing courses use an appellate brief problem throughout an entire law school semester, usually requiring students to write at least one, and often two, appellate briefs based on the problem, and to argue that case in a moot court. This article provides advice, drawn from the authors' experience as professor of legal analysis and writing, as to how to develop …

Of Empires, Independents, And Captives: Law Blogging, Law Scholarship, And Law School Rankings, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Law faculty blogs have been around for much of the new millennium. This article examines these blogs, including their role in the legal scholarship continuum and their growing influence of legal community.

The paper begins with an evolutionary study, noting that law blogging originally began in a state of nature, with few rules governing frequency or content of posts. Increased competition and the emergence of Empire and Captive law blogs, however, has resulted in a growing sense of order on the legal blogosphere.

Perhaps as a result, the influence of law blogs has increased. The paper relies on a list …

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

NYLS Law Review

No abstract provided.

The Clinical Year, Stephen Ellmann

NYLS Law Review

No abstract provided.

Podcasts, Powerpoint, And Pedagogy: Using Technology To Teach The Part-Time Student, Joyce D. Saltalamachia

NYLS Law Review

No abstract provided.

Teaching With Technology: Is The Pedagogical Fulcrum Shifting?, Camille Broussard

NYLS Law Review

No abstract provided.

Writing About The Law, Jethro K. Lieberman

NYLS Law Review

No abstract provided.

Bleak House: Narratives In Literature And Law Schoo, John J. Osborn

NYLS Law Review

No abstract provided.

Charles Reich’S Journey From The Yale Law Journal To The New York Times Bestseller List: The Personal History Of The Greening Of America, Rodger D. Citron

NYLS Law Review

No abstract provided.

Legal Writing Programs And Professionalism: Legal Writing Professors Can Join The Academic Club, James M. Boland

St. Thomas Law Review

Sociological jurisprudence has been a major factor in legal interpretive schemes for over a century, but this has not been reflected in most legal writing programs. These programs must produce legal writers who not only are competent writers, but are also competent legal theorists who know the difference between classical rule-based reasoning and modem interpretive methods. Concomitantly, legal writing professors must produce scholarship that reflects the diversity of these more complex schemes, rather than just writing about writing. This article will first describe the current condition of legal writing programs, and then suggest changes that more thoroughly introduce students to …

Uncovering The Past: Lessons From Doing Legal History, Annette Gordon-Reed

NYLS Law Review

No abstract provided.

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Vanderbilt Law School Faculty Publications

Empirical legal scholarship is arguably the most significant emerging intellectual movement. Empirical legal scholarship (ELS), as the term is generally used in law schools, refers to a specific type of empirical research: a model-based approach coupled with a quantitative method. This paper ranks law schools based on their place in the ELS movement and offers an essential ranking framework that can be adopted for other intellectual movements. A revised version of the paper was posted on October 11. The updated tables reflect additional data.

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh

Scholarly Works

No abstract provided.

Second-Class Citizens In The Pink Ghetto: Gender Bias In Legal Writing, Jo Anne Durako

Journal of Legal Education

No abstract provided.

English Ideas On Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

In 1700 the only methods of legal education in England and Virginia were apprenticeship to a practising lawyer, either a barrister, a solicitor or a court clerk, and independent reading of law books; most persons seeking active membership in the legal profession did an apprenticeship supplemented by reading and observing the courts in action. In 1700 the inns of court had long since ceased to provide legal instruction, and the universities in England and Virginia had not yet begun to do so. The obvious importance of legal education was, however, not overlooked on either side of the Atlantic Ocean.

Legal Writing Scholarship: Point/Counterpoint, Jan M. Levine, Grace C. Tonner

Articles

Perhaps because the field of legal writing has now matured enough so that we professors constitute a critical mass of experienced teachers and scholars, we find ourselves frequently embroiled in debates about legal writing scholarship. What is it? Can we do it? Should we do it? Should it be considered part and parcel of our responsibilities as members of the law school world? To help us better present our shared view that legal writing professors not only can but should produce scholarship, we sought first to take on the role of devil’s advocate, presenting all the rationales we have heard …

An Analysis Of First-Year Student Westlaw Use: Why Vendor Training Isn't Enough, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

"Skilling" Time, Peter B. Knapp

Faculty Scholarship

This article describes disagreements about the "MacCrate Report" on skills education for law students, as well as the connections between the Report's recommendations and legal education at William Mitchell College of Law. The final commentary focuses on what William Mitchell can do to further ensure that teaching prepares students for the learning they will have to do when they begin working as lawyers.

The Mind In The Major American Law School, Lee C. Bollinger

Faculty Scholarship

Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …

Smith: Lawyer, William M. Beaney

Michigan Law Review

A Review of Lawyer. By Talbot Smith.

Cooper: Living The Law, John P. Dawson

Michigan Law Review

A Review of LIVING THE LAW. By Frank E. Cooper