Legal Writing and Research Commons^™

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

All Faculty Scholarship

This article seeks to demonstrate the negative effects of law schools’ preoccupations with enhancing their image and marketing strategy, especially as they are reflected in both scholarship and academic freedom.

Universal Citation In Sixty Seconds, Anne Burnett

Presentations

A large format infographic describing the system for citation which permits reference to legal or law-related information in any medium without requiring reference to proprietary products. Includes a timeline of the Universal Citation Guide from 1993 to 2012, citation elements, a list of states and territories that adopted the practice and an interactive QR code for accessing AALL's page on this citation format. The poster also encouraged viewers to advocate for adopting Universal citation with judges, attorneys and legislators.

Organizational Alliances By U.S. Schools, Elizabeth Chambliss

Faculty Publications

U.S. law schools increasingly are forming organizational alliances with other training providers in the interests of market expansion and/or consolidation. At the top of the market, U.S. law schools are seeking to brand their positions within the global economy by forming alliances with elite foreign law schools, business schools, and corporate law firms and clients. Schools outside of this market are moving to establish alternative niches through alliances with solo and small firm practitioners, CLE providers, and other organizations serving low-and middle-income clients, as well as through the development of accelerated and/or specialty degrees. Schools at all levels are increasingly …

Talking In The Dark: Using Technology For Basic Academic Support, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator

Catholic University Law Review

No abstract provided.

It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus

Scholarly Works

No abstract provided.

Making Irac Visible, Suzanne Darrow Kleinhaus, Nancy Chanin

Scholarly Works

No abstract provided.

A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social …

Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

The American Bar Association is currently discussing drafts of a proposal to shift the law school accreditation standards from inputs measurements (such as numbers of books, faculty student ratios, etc.) to outcomes assessment. While still in discussion, this shift has the potential to create profound change in legal education. For the first time, law schools may be held accountable – beyond the bar exam – for what and how they teach their students. Law schools all across the country are busy trying to determine what this will mean, and how to go about meeting the new ABA standard.

New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler

Sturm College of Law: Faculty Scholarship

As foreign as it can seem to not be in a physical classroom with bodies sitting in the chairs listening, it is a very different way of teaching but it can be very effective. If you go through this process of developing and dividing outcomes, dividing modules, and selecting the right technology, it can work. And that is kind of a scary thought to some people. Perhaps not people who have come to this section today or to this conference about What's Next, but for many of our colleagues, this is kind of a scary thought – that you might …

Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin

Faculty Scholarship

This article is an outgrowth of the author’s participation in a July 29, 2009 panel presentation, “Change in Legal Education: Practical Skills,” at the Symposium, YES WE CArNegie: Change in Legal Education after the Carnegie Report. The article responds to the Carnegie Report’s call to “bridge the gap between analytical and practical knowledge” by presenting two models for integrating skills with doctrine in the first-year curriculum. The first model, built into the curriculum at the University of Maryland School of Law, involves teaching the first semester Legal Analysis & Writing course by pairing it with another required first-semester course, Torts, …

True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski

Seattle University Law Review

As lifelong learners, we all know the feelings of discomfort and bewilderment that can come from being asked to apply existing skills in a completely new situation. As legal educators, we have also experienced the frustration that comes from watching our students struggle to identify and transfer skills from one learning environment to another. For example, a first-semester law student who learns to analogize case law to a fact pattern in a legal writing problem typically will not see the deeper applications for those skills in a law school essay exam several weeks later. Similarly, when law students learn how …

A Synergistic Pedagogical Approach To First-Year Teaching, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

The First “Colonial Frontier” Legal Writing Conference, held at Duquesne University School of Law, focused on Engendering Hope in the Legal Writing Classroom: Pedagogy, Curriculum, and Attitude. This conference built on the foundational work of Allison Martin and Kevin Rand in which these scholars call for educators to engender hope in law students to prepare them for practice. Martin and Rand conclude that hope is a predictor of students’ academic performance and psychological health during the first semester of law school and recommend that law professors “maintain and creat[e] hope in law students” by embracing five core principles. Martin and …

Acknowledging Our Roots: Setting The Stage For The Legal Writing Institute, Karin M. Mika

Law Faculty Articles and Essays

This article discusses the history and development of legal writing courses and the Legal Writing Institute.

Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna P. Hemingway

St. Thomas Law Review

This article argues that practitioners' briefs do have a place in the law school classroom. Part II of this article discusses the pedagogy behind using practitioners' briefs in the legal writing classroom. It demonstrates how using practitioners' briefs enriches lesson plans, heightens interest in the classroom, and helps students gain a richer appreciation for lawyers' goals when they write as advocates. Part III presents some different ways of using practitioners' briefs to teach persuasive writing. It examines how the author has used practitioners' briefs to teach persuasive writing of the statement of facts, point headings and summary of the argument. …

On-Line Legal Research Workshops, Frederick B. Jonassen

St. Thomas Law Review

Like riding a bicycle, playing tennis, or driving a car, legal research is a skill, and like any other skill, it is learned by doing, and not by listening to a lecture. However, lectures are indispensable for introducing the skill. The mental processes applied in electronic legal research may differ from those applied to book legal research. But because both electronic and book research are skills, a guided workshop in electronic legal research may be based on similar principles to those underlying a workshop in book legal research, with appropriate modifications. The aspects of the electronic legal workshop proposed here …

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Faculty Scholarship

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and …

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

Scholarly Works

This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.

The Benefits Of Podcasting, Karin M. Mika

Law Faculty Articles and Essays

This article discusses the benefits of podcasting in legal writing courses, based on the author's participation in CALI's 2005 inaugural podcasting project.

"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 …

Law School 2.0: Legal Education For A Digital Age, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Legal education is at a crossroads. As today's media-saturated students enter law school, they find themselves thrust into old style lecture-orientated, casebook modes of instruction, much of which is over 100 years old. Over those years legal education has resisted many studies recommending change, most recently from the Carnegie Foundation for the Advancement of Teaching and the Clinical Legal Education Association. . .

Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag

Publications

In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …

Advocating For Our Future, Sarah J. Mirsky

NYLS Law Review

No abstract provided.

Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network was Professor Cass Sunstein of Harvard Law School and proceeded to catalogue all of his myriad co-authors (so-called Sunstein 1's) and their co-authors (Sunstein 2's). In this small note we update that catalogue as of August 2008 and take the opportunity to reflect on this project and its methodology.

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Law Faculty Articles and Essays

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)

From Snail Mail To E-Mail: The Traditional Legal Memorandum In The Twenty-First Century, Kristen Konrad Robbins-Tiscione

Journal of Legal Education

No abstract provided.

Can You Show Me How To…? Reflections Of A New Law Professor And Part-Time Technology Consultant On The Role Of New Law Teachers As Catalysts For Change, Geoffrey Christopher Rapp

Journal of Legal Education

No abstract provided.

The Poetry Of Law, Sidney W. Delong

Journal of Legal Education

No abstract provided.