Thursday, December 29, 2011

Reason and passion in legal writing

Abrams-dProfessor Douglas Abrams recently published a short Precedent article discussing reason and passion in legal writing. The piece begins by focusing on West Virginia State Board of Education v. Barnette, which Judge Richard Posner has identified as perhaps “the most eloquent majority opinion in the history of the Supreme Court.”  Abrams explains how, in Barnette, Justice Robert Jackson employed both reason and passion to defend Jehovah’s Witnesses’ right not to say the Pledge of Allegiance to the Flag. Abrams ties Jackson’s rhetorical approach to the ancient Greeks, the founders of the United States, and more recent writers, including former Justice Sandra Day O’Connor and President Barack Obama.

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http://lawprofessors.typepad.com/legalwriting/2011/12/reason-and-passion-in-legal-writing.html

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You can find part 2 of the article here:

http://www.mobar.org/uploadedFiles/Home/Publications/Precedent/2011/Fall/abrams.pdf

Posted by: Evelyn Calogero | Dec 30, 2011 6:10:58 AM

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