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The Renaissance Road: Redesigning The Legal Writing Instructional Model, Johanna K.P. Dennis 2010 Golden Gate University School of Law

The Renaissance Road: Redesigning The Legal Writing Instructional Model, Johanna K.P. Dennis

Publications

The status quo in the required legal writing curriculum of legal education is a two-semester program in the first year of law school. However, this program requires that students simultaneously rethink and develop their legal writing skills while being taught an entirely new language - the language of the law. This program expects mastery from all students without accounting for their necessary rebirths or providing multiple opportunities for depth on various assignments. By contrast, institutions can rethink how they educate future lawyers and transition to a three-semester program, which allows more opportunity for horizontal growth and vertical advancement beyond the standard ...


If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker 2010 University of Michigan Law School

If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker

Articles

Are lawyers mechanics? In 1920, photographer Lewis Hines took a striking photo of a powerhouse mechanic sure-handedly wielding a large wrench to tighten bolts on a steam pump. This picture may bring to mind many things, but I suspect that many legal writing professors in our (past or present) incarnations as practicing attorneys would not look at this image and think, "My job is a lot like that." Similarly, I assume that many of our students do not think of a lawyer's role in this way. Indeed, many of our students might have chosen to pursue a career in ...


Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson 2010 University of Colorado Law School

Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson

Articles

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential ...


Colorado Legal Ethics: Guide To Resources, Robert M. Linz 2010 University of Colorado Law School

Colorado Legal Ethics: Guide To Resources, Robert M. Linz

Articles

No abstract provided.


The Vitality Of The American Sovereign, Todd E. Pettys 2010 University of Iowa College of Law

The Vitality Of The American Sovereign, Todd E. Pettys

Michigan Law Review

The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither ...


Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins 2010 Fordham University School of Law

Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins

Faculty Scholarship

In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce ...


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Michigan Law Review

Part I of our Review discusses the central premises of Understanding Privacy, with particular attention paid to Solove's pragmatic methodology and his taxonomy of privacy. We introduce his pluralistic approach to conceptualizing privacy, which urges decision makers to assess privacy problems in context, and we explore his view that meaningful choices about privacy depend on an appreciation of how privacy benefits society as a whole. We also describe how Solove's taxonomy aims to account for the variety of activities that threaten privacy. In Part II, we analyze the strengths of Solove's pragmatism by demonstrating its functionality and ...


A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton 2010 United States Court of Appeals for the Sixth Circuit

A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton

Michigan Law Review

I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has ...


Leaps And Bounds, Nestor M. Davidson 2010 University of Colorado Law School

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has ...


Interactive Citation Workbook For Alwd Citation Manual, Tracy McGaugh, Christine Hurt 2009 Touro Law Center

Interactive Citation Workbook For Alwd Citation Manual, Tracy Mcgaugh, Christine Hurt

Tracy McGaugh Norton

No abstract provided.


Cali Excellence For The Future Award -- Lawyering Skills I, Ann Long 2009 Lincoln Memorial University - Duncan School of Law

Cali Excellence For The Future Award -- Lawyering Skills I, Ann Long

Ann Walsh Long

No abstract provided.


The 90-Minute Memo -- A Summative Assessment That Builds Confidence, Suzanne Ehrenberg 2009 Selected Works

The 90-Minute Memo -- A Summative Assessment That Builds Confidence, Suzanne Ehrenberg

Suzanne Ehrenberg

No abstract provided.


Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna Hemingway 2009 Widener University Commonwealth Law School

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

Anna P. Hemingway

This article explains how practitioners’ briefs filed in cases law students are currently studying can be used in the classroom to enhance legal education. It provides pedagogical reasons, such as increased student interest and richer appreciation of the legal process, for why these documents should become part of the law school curriculum. It discusses the goals Roy Stuckey proposed for legal education in Best Practices for Lawyers and argues that by uniting theory with practice, the use of practitioners’ briefs would help law schools attain those goals. The article provides different ways that practitioners’ briefs can be used in the ...


A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, Catherine Wasson 2009 Widener Univesity Law School

A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, Catherine Wasson

John C. Dernbach

No abstract provided.


Acing Contracts, Suzanne Darrow-Kleinhaus 2009 Touro Law Center

Acing Contracts, Suzanne Darrow-Kleinhaus

Suzanne Darrow Kleinhaus

This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book.


Massachusetts Legal Research, E. Joan Blum 2009 Boston College Law School

Massachusetts Legal Research, E. Joan Blum

E. Joan Blum

Massachusetts Legal Research is a concise guide to researching Massachusetts law and to the general process of legal research. Its intended audience includes law students as well as practitioners and paralegals. Extensive treatment of the research process—with Massachusetts and federal examples—makes this book suitable as a stand-alone text for an introductory legal research course. Chapters discussing how to locate and use specific Massachusetts sources make this book a useful quick reference guide for the Massachusetts lawyer or paralegal.


Interactive Citation Workbook For The Bluebook, Tracy McGaugh, Christine Hurt 2009 Touro Law Center

Interactive Citation Workbook For The Bluebook, Tracy Mcgaugh, Christine Hurt

Tracy McGaugh Norton

No abstract provided.


Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba 2009 Boston College Law School

Erisa Preemption Of State 'Play Or Pay' Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba

Mary Ann Chirba

No abstract provided.


Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba 2009 Boston College Law School

Avoiding The Avoidable: Why State Laws Need To Protect Kids From Airbags, Mary Ann Chirba

Mary Ann Chirba

No abstract provided.


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. Burge 2009 Texas A&M University School of Law

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

Mark Edwin Burge

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 profession ...


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