He is the editor - in - chief of the Chicago - Kent Law Review and
a legal writing teaching assistant.
Of course, legal research and writing have been central to that undertaking — including as evident in the professionalization of
legal writing teaching in recent decades.
Writing 185, 187 — 95 (2003)(discussing how the «documented pedagogical benefits that flow from cooperative and collaborative learning directly coincide with
our legal writing teaching goals»).
L. Rev. 35 (1994)(proposing a «revised view» of legal writing pedagogy, programs, and instructive techniques); Adam Todd, Neither Dead nor Dangerous: Postmodernism and the Teaching of Legal Writing, 58 Baylor L. Rev. 893, 917 — 926 (2006)(discussing the ways in which rhetoric and composition studies have «guided
legal writing teaching and theory»).
In its next phase of development, scholars and practitioners of the discipline examined the impact of job security and professional support on
legal writing teaching.10 Professionals dedicated to the development of the legal writing discipline began to find permanent homes on law school faculties.
Not exact matches
Here's another, scarcely less oratorical in character, from the Congregation for the Doctrine of the Faith: the title of this document (another wonderful example of Vatican bogus academic language when what is needed is a competent journalist used to
writing informative headlines) is «Considerations regarding proposals to give
legal recognition to unions between homosexual persons» (2003): The Church's
teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognised as such by all the major cultures of the world.
Chris has his own blog, as he describes below, and I asked him if he would be willing to share here his efforts to try to improve this situation in his Iowa City school district, where he is now the parent of three children and
teaches legal writing and analysis at the University of Iowa College of Law (but the opinions he expresses here are entirely his own).
Using data from the Department of Education, the education advocacy group StudentsFirst
wrote in a blog post that 32 percent of ATR teachers were in the pool due to a
legal or disciplinary case; 25 percent had been in the pool for six years or more; and the percentage of teachers in the ATR who were found by evaluators to be «Ineffective» or «Unsatisfactory» was 12 times that for the overall
teaching force for the 2014 - 15 school year.
«The General Assembly fails the children of North Carolina when they are sent with public taxpayer money to private schools that have no
legal obligation to
teach them anything,» he
wrote.
That, in turn, would require law schools to re-examine how well they
teach legal research and
writing.
She also
teaches legal research and writing to international students and is the executive director of Scribes — The American Society of Legal Wri
legal research and
writing to international students and is the executive director of Scribes — The American Society of
Legal Wri
Legal Writers.
It is where they
teach practice - oriented material such as research and
writing, which has become a substantial aspect of many
legal programs.
My skepticism arises from a number of things including the columnists» lack of evidence or investigation, my own approach to
teaching, my research and
writing on
legal education (both for scholarship and as chair of our curriculum reform committee), and what I see my colleagues at the U of C and in the
legal ethics community doing for their students.
«
Teaching legal writing is like dropping someone in the middle of China and telling them to learn Chinese, and, by the way, no one around you is speaking it correctly.»
Georges is a solo who somehow finds time to
teach, practice,
write poetry and still blog about the latest
legal tech products (read his bio here).
For the past two years I've
taught Advanced
Legal Research and
Writing to upper year law students, and I've just begun a third session.
The week features a mix of reflective pieces on the nature of
legal research and
writing and the
teaching and learning of the same in
legal education, and substantive posts students
wrote about their major memo
legal research.
The
legal community is fortunate to have lawyers who not only
write great blogs but can
teach the art and science behind it!
I have to admit that I went into the integrated approach as an agnostic; at the time I believed that there were any number of effective ways to
teach legal writing, and I was happy to
teach it in the way that worked best for my institution.
The first was classes on the subject of pleading, which at the time was a much more intricate and involved process than today.17 However, the main place that these schools
taught legal writing skills during this time period was in what were called «moot courts.»
Of course, this distinction is hard to maintain with regard to the earliest history of
Legal Writing, in that the
teaching took place in connection with an apprenticeship.
In frustration, he recognized that the first - year
legal writing and analysis course had been less than completely successful at
teaching foundational doctrine of
legal analysis and
writing because the students lacked the user's experience of
written legal analysis.
One of the goals of the curricular overhaul was to strengthen the required
legal analysis, writing, and research components of the curriculum.20 After discussing a number of ways to do so, the committee recommended that the required curriculum be changed by replacing first - semester Legal Method and second - semester Introduction to Appellate Advocacy with an expanded three - semester sequence21 of courses entitled Legal Analysis, Writing, and Research (LAWR) I, II, and III.22 These expansions retained Maryland's commitment to having the first - semester course taught by full - time faculty, but a big change in the new first - semester course, LAWR I, was that it was not joined to another first - year co
legal analysis,
writing, and research components of the curriculum.20 After discussing a number of ways to do so, the committee recommended that the required curriculum be changed by replacing first - semester Legal Method and second - semester Introduction to Appellate Advocacy with an expanded three - semester sequence21 of courses entitled Legal Analysis, Writing, and Research (LAWR) I, II, and III.22 These expansions retained Maryland's commitment to having the first - semester course taught by full - time faculty, but a big change in the new first - semester course, LAWR I, was that it was not joined to another first - year
writing, and research components of the curriculum.20 After discussing a number of ways to do so, the committee recommended that the required curriculum be changed by replacing first - semester
Legal Method and second - semester Introduction to Appellate Advocacy with an expanded three - semester sequence21 of courses entitled Legal Analysis, Writing, and Research (LAWR) I, II, and III.22 These expansions retained Maryland's commitment to having the first - semester course taught by full - time faculty, but a big change in the new first - semester course, LAWR I, was that it was not joined to another first - year co
Legal Method and second - semester Introduction to Appellate Advocacy with an expanded three - semester sequence21 of courses entitled
Legal Analysis, Writing, and Research (LAWR) I, II, and III.22 These expansions retained Maryland's commitment to having the first - semester course taught by full - time faculty, but a big change in the new first - semester course, LAWR I, was that it was not joined to another first - year co
Legal Analysis,
Writing, and Research (LAWR) I, II, and III.22 These expansions retained Maryland's commitment to having the first - semester course taught by full - time faculty, but a big change in the new first - semester course, LAWR I, was that it was not joined to another first - year
Writing, and Research (LAWR) I, II, and III.22 These expansions retained Maryland's commitment to having the first - semester course
taught by full - time faculty, but a big change in the new first - semester course, LAWR I, was that it was not joined to another first - year course.
I. Maryland's
Legal Writing Program: Integrating Doctrine and
Writing in the First Semester and Integrating the Faculty Who
Teach the Connected Courses
While most of the curriculum at Harvard during this time consisted of lecture and student recitation, skills development was also provided in the form of weekly moot courts, during which students argued questions of law before professors and submitted occasional
written disputations on
legal subjects.121 Although Stearns had previously used moot courts in his
teaching at Harvard, Story and Ashmun refined them.122 Cases were handed out the week before argument, and two counsel were assigned to each side.123 The cases would then be argued the next Friday, with the other students taking notes of the argument; the professor in charge that week would issue a
written opinion.124
To celebrate publishing the first digital volume of
Legal Writing: The Journal of the Legal Writing Institute, the Board of Editors invited a distinguished group of librarians, textbook authors and research scholars to contribute essays addressing the changes that new electronic technology has brought to legal research, libraries, publishing and teaching legal rese
Legal Writing: The Journal of the
Legal Writing Institute, the Board of Editors invited a distinguished group of librarians, textbook authors and research scholars to contribute essays addressing the changes that new electronic technology has brought to legal research, libraries, publishing and teaching legal rese
Legal Writing Institute, the Board of Editors invited a distinguished group of librarians, textbook authors and research scholars to contribute essays addressing the changes that new electronic technology has brought to
legal research, libraries, publishing and teaching legal rese
legal research, libraries, publishing and
teaching legal rese
legal research.
I have great confidence that
Legal Writing will continue to have an impact on the teaching of legal writing and thus, on the practice of
Legal Writing will continue to have an impact on the teaching of legal writing and thus, on the practice
Writing will continue to have an impact on the
teaching of
legal writing and thus, on the practice of
legal writing and thus, on the practice
writing and thus, on the practice of law.
Teaching across the Curriculum: Casebook Faculty
Teaching Legal Writing and
Legal Writing Faculty
Teaching Casebook Courses
For that reason, the history of the
teaching of law has, in large part, also been the history of the
teaching of
legal writing.
The profession rejected this strictly «formalist» approach to
teaching writing processes as inadequate preparation for independent
legal writing and analysis.44 The shift away from models in
legal writing instruction accompanied a shift to
teaching students to
write from the social perspective.45 The social perspective integrates into
writing processes an understanding of the purposes for which a particular document is
written, the identities of its audiences, and the needs of those audiences.46 Part of the New Rhetoric evaluates students» work, in part, by how well it fulfills the audiences» needs.47 The difficulty for the first - year law student in this paradigm for learning analysis and
writing processes is that she does not know the audience for her first
legal writing projects, and she has no basis for comprehending the audience's needs.
In the integrated program's current incarnation, each professor who
teaches a
Legal Analysis and
Writing (LA&W, formerly LAWR I) class also
teaches a two - credit connected course, either Torts, Contracts, or Civil Procedure.27 Both courses are
taught in small sections of approximately twenty - five students, with a total of five (combined) hours of meeting time each week.
Even though the
teaching of
legal writing and communication skills has always been a fixture in
legal education,
legal scholars have made relatively little attempt to chronicle its history.
What I've described above does not differ significantly from analytical processes
taught by the average
legal writing professor.
These methods have had varying degrees of success, and the emphasis on
teaching writing and communication skills as a part of the
legal education curriculum has waxed and waned, but the
teaching of
legal writing has always been present in some form.
For the purposes of this history, we chose to focus on the broad collection of skills
taught in most modern
Legal Writing classes.
The faculty members who were not
legal writing professionals were less comfortable
teaching the class this way, and as a result the students who took these classes were often unsatisfied with their experiences.
Jeff and David's article discusses changes in the
teaching of
legal writing from a historical perspective, providing us with a look back at the history of the
teaching of
legal writing, starting with the colonial era, up until the end of the civil war.
Kenneth Swift of the University of Houston Law Center notes that, in
teaching legal research and
writing, his students make extensive use of laptops in class, but he, too, controls device use by having an absolute ban on mobile phone use.
As noted above, the full - time professors who
teach in this program include
legal writing professionals28 and faculty who typically
teach casebook classes.
More importantly, Reeve made an important step in skills training: he introduced formal moot courts as a part of the Litchfield curriculum, though on an optional basis.53 Initially, the students themselves conducted the moots, though by 1803, when James Gould was
teaching at Litchfield, he presided over the arguments.54 The rules Gould imposed for the moots required not only oral argument, but also
written argument, because the litigants had to produce writs and pleadings as well.55 Although a far cry from modern
legal writing programs, these moot courts at least endeavored to provide some practical training in the production of persuasive
writing.56
And when a factual scenario presents novel or troublesome facts that seem not to fit established law, students are
taught to engage in rule synthesis.207 In other words, the
legal writing classroom is rich with opportunities to practice deduction and induction in ways that incorporate both theory and practical application.
The hybrid nature of our program staffing, particularly in the first semester, has created a fundamental integration at the faculty level: traditional casebook faculty
teach legal writing classes, and — because the first - semester course is connected to a required core course, such as torts, contracts, or civil procedure —
legal writing professionals
teach traditional casebook classes.
The approach leaves the reader with the impression that the apprentice system was an idyllic time when tutor and pupil collaborated on learning necessary skills and that the whole enterprise of
teaching legal writing was undone by Langdell because he did not believe that
writing was important.5 This impression is a false one: the apprenticeship system was far from an idyllic
legal writing pedagogy, 6 and Langdell is at worst an unwilling and unwitting villain, given his enthusiastic participation in the
legal writing curriculum of his day.7
I. First Things First: What is the
Teaching of «
Legal Writing»?
Legal writing scholarship has existed in some form for nearly a century but has exploded since the 1980s with the support of the newly formed Legal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&r
Legal writing scholarship has existed in some form for nearly a century but has exploded since the 1980s with the support of the newly formed Legal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.
writing scholarship has existed in some form for nearly a century but has exploded since the 1980s with the support of the newly formed
Legal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&r
Legal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.
Writing Institute, biennial conferences, and several
legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&r
legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.
writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common
legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&r
legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.
writing topics in contemporary
legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&r
legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.
writing scholarship: «those related to (1) the substance or doctrine
legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&r
legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.
writing professors
teach; (2) the theories underlying that substance; (3) the pedagogy used to
teach that substance; and (4) the institutional choices that affect that
teaching.»
Most
legal writing and analysis professors would say that they are teaching fundamental concepts of writing and analysis as they guide students through the generation of a series of legal documents.1 Writing and analysis are the processes, and the documents are the pr
writing and analysis professors would say that they are
teaching fundamental concepts of
writing and analysis as they guide students through the generation of a series of legal documents.1 Writing and analysis are the processes, and the documents are the pr
writing and analysis as they guide students through the generation of a series of
legal documents.1
Writing and analysis are the processes, and the documents are the pr
Writing and analysis are the processes, and the documents are the products.
The practice of law is the practice of skills
taught in
legal writing classes.
By integrating
writing and doctrine in the first semester, we are sending a message to our students, at outset of their
legal education, that there is no real divide between analyzing
legal doctrine and the
writing that communicates that analysis.54 By
writing within a doctrinal context, students are able to see the ways in which the law and how it is structured influence their
writing choices.55 Moreover, students tend to develop a deeper understanding of the connected doctrinal course because of the
writing that occurs in that doctrinal area.56 Thus a number of the benefits that result from integrating the two courses arise from the synergies that come from
teaching both courses together.57 What follows are some specific synergies that I have observed in
teaching the integrated LA&W and Introduction to Torts courses.
One
teaching challenge in the first - year
legal writing and analysis class results from the fact that schema link new information to already - existing knowledge, and our first - year
legal writing and analysis students often do not have appropriate pre-existing knowledge to which they can link the new information.
The externship experience is a process of discovery for many of the upper - level students, a process that includes discovery of some basic doctrine relating to analysis and
writing processes that Monte, as a teacher of first - year
legal analysis and
writing, had been attempting to
teach at that earlier developmental stage.