Saturday, July 11, 2015

Melissa Henki Promoted to Associate Professor of Legal Research and Writing

Melissa Henke ws promoted to Associate Professor of Legal Research and Writing. Melissa has been the LRW Director at the University of Kentucky College of Law since 2011.

(mew)

July 11, 2015 | Permalink | Comments (0)

Thursday, July 9, 2015

LWI Monograph Series Volume 4: Advanced Legal Writing

On behalf of the Legal Writing Institute, Elizabeth Fajans announced that volume 4 of the Legal Writing Institute Monograph Series is now posted on LWI’s website. This volume, Advanced Legal Writing: Courses & Themes, reprints foundational articles on the development and range of upper level legal writing seminars as well as articles that can supplement advanced writing courses because of their focus on legal documents and their accompanying concerns and themes.  Topics are as follows:

  • The Development of Upper Class Writing Seminars
  • Types of Advanced Writing Seminars
  • Legal Genres
  • Special Themes: Storytelling, Metaphor, Document Design
  • Transactional Skills

The articles are reprinted from the journals in which they first appeared as listed in their citations.

Here's the list of articles:

Articles on Upper Class Writing Courses

Articles to Supplement Advanced Courses

            Writing Briefs

  • Ellie Margolis, Beyond Brandeis:  Exploring the Uses of Non-Legal Materials in Appellate Briefs, 34 U.S.F.L. Rev. 197 (2000)
  • Kathryn Stanchi, The Power of Priming in Legal Advocacy: Using the Science of First Impressions to Persuade the Reader, 89 Or. L. Rev. 305 (2010)
  • Kathryn Stanchi, Playing with Fire: The Science of Confronting Adverse Material in Legal Advocacy, 60 Rutgers L. Rev. 381 (2008)
  • Kenneth Chestek, The Plot Thickens: The Appellate Brief as Story,  14 Legal Writing: J. Legal Writing Inst. 127 (2008)      
  • Jennifer Sheppard, Once Upon a Time, Happily Ever After, and in a Galaxy Far, Far Away: Using Narrative to Fill the Cognitive Gap Left by Overreliance on Pure Logic in Appellate Briefs and Motions Memoranda, 46 Willamette L. Rev. 255 (2009)Writing Opinions
  • Patricia Wald, The Rhetoric of Results and the Results of Rhetoric: Judicial Writing, 62 U. Chi. L. Rev. 1371 (1995)

Additional Reading:

  • Robert L. Ferguson, The Judicial Opinion as Literary Genre,  2 Yale J. Law & Hum. 201 (1990)
  • Gerald B. Wetlaufer, Rhetoric & Its Denial in Legal Discourse, 76 Va. L. Rev. 1545 (1990)

            Drafting Affidavits

  • Stacy Caplow,  Putting the ‘I’ in Wr*t*ng: Drafting an A/Effective Personal Statement to Tell a Winning Refugee Story, 14 Legal Writing: J. Legal Writing Inst. 249 (2008)

            Drafting Pleadings

  • Elizabeth Fajans & Mary R. Falk, Untold Stories: Restoring Narrative to Pleading Practice, 15 Legal Writing: J. Legal Writing Inst. 3 (2009)
  • Anne Ralph, Not the Same Old story: Using Narrative Theory to Overcome the Plausibility Pleading Standard, 26Yale J. Law &  Human. 1 (2014).

Writing Seminar Papers

  • Elizabeth Fajans & Mary R. Falk, Comments Worth Making: Supervising Scholarly Writing in Law School, 46 J. Leg. Educ. 342 (1992)

            Storytelling

  • J. Christopher Rideout, Storytelling, Narrative, Rationality, and Legal Persuasion, 14 Legal Writing: J. Legal Writing Inst. 53 (2004)
  • Jeanne M. Kaiser, Where Truth and The Story Collide: What Legal Writers Can Learn from the Experience of Non-Fiction Writers about the Limits of Storytelling, 16 Legal Writing: J. Legal Writing Inst. 163 (2010)

Additional Reading:

  • Brian J. Foley & Ruth Anne Robbins, Fiction 101: A Primer for Lawyers on How to Use Fiction Writing Techniques to Write Persuasive Fact Sections,  32 Rutgers L.J. 459 (2001)

Using Metaphor

  • Michael R. Smith, Levels of Metaphor in Persuasive Legal Writing, 58 Mercer L. Rev. 919 (2007).
  • Linda Berger. What is the Sound of a Corporation Speaking? How the Cognitive Theory of Metaphors can Help Layers Shape the Law, 2 J. Ass’n Leg. Writing Directors 169 (2004)

Designing Documents

  • Ruth Anne Robbins, Painting with Print: Incorporating Concepts of Typographic and Layout Design into the Text of Legal Documents, 2 J. Ass’n Leg. Writing Directors 109 (2004).

Teaching Transactional Skills

  • Tina L. Stark, Thinking Like a Deal Lawyer, 54 J. Legal Educ. 223 (2004).

Members of the LWI Monograph Committee who worked on volume 4 were Cassandra Hill, Linda Berger, Bruce Ching, Brenda Gibson, Margaret Hannon, Mehmet Konar-Steenberg, Samantha Moppet, and Jason Palmer.

Hat tip to Elizabeth Fajans, Editor in Chief, LWI Monograph Series Volume Four

(mew)

 

July 9, 2015 | Permalink | Comments (0)

Sunday, July 5, 2015

Applied Legal Storytelling Conference Registration Deadline is Friday

July 10th is the last day to register for the Applied Legal Storytelling conference in Seattle. The conference takes place from July 21st through July 23rd at the Seattle University School of Law.  Conference information is on the Legal Writing Institute's website or can be found by clicking here. For additional information about registration or housing, please contact Lori Lamb at lambl [at] seattle.edu or  Chris Rideout at rideout [at] seattleu.edu.   

(mew)

July 5, 2015 | Permalink | Comments (0)

Wednesday, July 1, 2015

Tickets Available for the Scribes Luncheon in Chicago on August 1st

Scribes—The American Society of Legal Writers—will hold a special award luncheon in Chicago on Saturday, August 1, 2015 during the ABA Annual Meeting.

Lord WoolfA lifetime achievement award will be presented to Lord Woolf, the Lord Chief Justice of England and Wales from 2000 until 2005. Under the Constitutional Reform Act of 2005, Lord Woolf was also the first Lord Chief Justice to be President of the Courts of England and Wales. When he served as Master of the Rolls (the third most senior judge in England and Wales), Lord Woolf brought forth legal reforms that have been described as “the most fundamental reform of the civil justice system of the 20th century.” Lord and Lady Woolf will be present at the award luncheon.

GarnerKeynote Speaker Bryan Garner will speak on “The Biggest Secret for Clear and Persuasive Writing.” Garner has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He is the editor-in-chief of Black's Law Dictionary and he has coauthored two books with U.S. Supreme Court Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). He is the Founder and president of LawProse, Inc. and serves as Distinguished Research Professor of Law at Southern Methodist University School of Law.

The event will also include presentations of the prestigious Scribes Book Awards and Brief-Writing Awards.

The luncheon will also mark a change in leadership for Scribes. Darby Dickerson, Dean of Texas Tech University School of Law, will finish her term as President. The new President is Justice Michael B. Hyman of the Illinois Appellate Court. Justice Hyman is a former President of the Chicago Bar Association, the Illinois Judges Association, and the Decalogue Society.

The Scribes Luncheon will be held during the ABA Annual Meeting in Chicago on Saturday, August 1, from noon to 2:00 p.m. at the Swissotel, 323 Upper Wacker Drive, in the Edelweiss I Room on the 43rd Floor. Tickets are $75 per person with a special rate of $50 for judges, government employees, young lawyers, law professors, and law students. RSVP to scribeslegalwriters@gmail.com with your choice of lunch entrée: (chicken or vegetarian). For more information visit the Scribes website at www.scribes.org or call (806) 834-5792.

 

 

July 1, 2015 | Permalink | Comments (0)

Monday, June 29, 2015

US Supreme Court to Revisit Race-Based Admissions

The U.S. Supreme Court today granted certiorari in Abigail Fisher v. University of Texas at Austin, No. 14-981 (June 29, 2015). Justice Kagan took no part in the consideration of the petition. The case is "a legal challenge to the race-conscious admissions policy at the University of Texas at Austin, setting the stage for new arguments in a closely watched case that the justices decided once before, in 2013." Andy Thomason, Supreme Court Will Again Hear 'Fisher" Case on Race-Conscious Admissions, Chronicle of Higher Education, June 29, 2015, http://chronicle.com/blogs/ticker/supreme-court-will-again-hear-fisher-case-on-race-conscious-admissions-3/101259?cid=bn&utm_source=bn&utm_medium=en

(mew)

June 29, 2015 | Permalink | Comments (0)

Suppressed v. Suppressed

The U.S. Supreme Court today granted leave to file a petition for certiorari under seal. Suppressed v. Suppressed, 14M135 (U.S. June 29, 2015).

(mew)

June 29, 2015 | Permalink | Comments (0)

Saturday, June 27, 2015

Reminder: Deadline Approaching for Applied Legal Storytelling Conference in Seattle

July 10th is the last day to register for the Applied Legal Storytelling conference in Seattle. The conference takes place from July 21st through July 23rd at the Seattle University School of Law.  Conference information is on the Legal Writing Institute's website or can be found by clicking here. For additional information about registration or housing, please contact Lori Lamb at lambl [at] seattle.edu or  Chris Rideout at rideout [at] seattleu.edu.   

(mew)

June 27, 2015 | Permalink | Comments (0)

Friday, June 26, 2015

Scalia and Shakespeare

In his dissent in King v. Burwell, Scalia borrows from Shakespeare (as have other justices in other opinions as discussed here by Sasha Volokh):

Understatement, thy name is an opinion on the Affordable Care Act! . . .

Impossible possibility, thy name is an opinion on the Affordable Care Act! . . .

Contrivance, thy name is an opinion on the Affordable Care Act!

 

When, if ever, would you encourage your students to try a similar technique?

(njs)

June 26, 2015 | Permalink | Comments (0)

Tuesday, June 23, 2015

job posting at Appalachian School of Law

Contact's Full Name: Priscilla Harris

Title: Chair, Faculty Appointments Committee

Organization:

Appalachian School of Law

1169 Edgewater Dr.

Grundy, VA 24614

Phone: (276)-935-4349, ext. 1225

Fax: (276)-935-8261

Email: pharris@asl.edu

Website: www.asl.edu

Description:

Appalachian School of Law (“ASL”) seeks applications for the position of Director of the Legal Writing Program. The successful candidate will be appointed to a two-year visiting professor position at the Assistant Professor or Associate Professor level, depending on experience and qualifications.

ASL is located in the scenic mountainous region of southwest Virginia, and is within driving distance to Kentucky, Tennessee, West Virginia and North Carolina. All aspects of ASL’s academic program—from the structured curriculum and the required summer externship to the weekly community service commitment—are designed to respond to the unique needs and opportunities of a law school in this region.

Qualified applicants will have the following: (1) a J.D. degree with a strong academic record; (2) demonstrated experience teaching legal research and writing to lawyers and/or law students; (3) demonstrated commitment to community service; (4) experience developing instructional materials; (5) knowledge of legal research methodologies; and (6) excellent writing and communication skills.

The duties of the Director will include: (1) coordinating the first-year legal writing curriculum; (2) teaching one or more sections of legal writing (other courses may be an option); (3) helping fellow professors incorporate additional writing throughout the curriculum; and (4) working closely with the Director of Academic Success to ensure the success of ASL students, many of whom are from the Appalachian region.

An applicant should submit a letter of interest, C.V., and contact information for three references by mail or email as follows: (1) by mail to Priscilla Harris, Chair, Faculty Appointments Committee, Appalachian School of Law, 1169 Edgewater Drive, Grundy, VA 24614; or (2) by email to Priscilla Harris with “LRW Director” in the subject line at pharris@asl.edu.

ASL is an Equal Opportunity Employer, committed to providing career opportunities to all people, without regard to race, color, religion, sex, age, national origin, sexual orientation, disability, or veteran status. Women, people of color, and others with diverse backgrounds are encouraged to apply.

Position Type: Visiting Professorship (Two-Year Contract)

Faculty Vote: No

Salary:  $70,000 to $79,000, depending on qualifications and experience

Students Per Semester:  Approximately 30

Submission Deadline:  Applications will be considered on a rolling basis until the position is filled

 

hat tip:  Henry Webb

(njs)

June 23, 2015 | Permalink | Comments (0)

Monday, June 22, 2015

AALS preview!

Here's a preview of the legal writing "dance card" for AALS.

hat tip:  Jennifer Murphy Romig

(njs)

June 22, 2015 | Permalink | Comments (0)

Sunday, June 21, 2015

The New Edition of the Blue Book Has Been Published

The 20th edition of The Bluebook Citation Manual has just been published. You can read the Introduction and Preface by clicking here,

Many legal writing professors have switched to teaching the ALWD Citation Manual rather than The Bluebook because the latest edition of the ALWD Manual produced citations exactly the same as the citations from the 19th edition of The Bluebook.  We ask you, dear readers, to let us know what you think about this new edition of The Bluebook.

Hat tip to Professor Brian Sites of the Barry University Dwayne O. Andreas School of Law.
 
(mew)

June 21, 2015 | Permalink | Comments (0)

Saturday, June 20, 2015

Scribes Awards Luncheon in Chicago

Scribes--The American Society of Legal Writers--will hold an award luncheon in Chicago during the ABA Annual Meeting.  Awards will be presented for the best new book in legal writing and for the best student-written briefs from moot court competitions.

Lord WoolfThe luncheon will feature a special presentation of the Scribes Lifetime-Achievement Award to The Right Honorable, the Lord Woolf, with comments by Lord Woolf.  Lord Woolf was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He has also been a non-permanent judge of the Court of Final Appeal of Hong Kong since 2003.

GarnerAlso during the luncheon, keynote Speaker Bryan A. Garner will share The Biggest Secret for Clear and Persuasive Writing at the 2015 Scribes Awards Luncheon in Chicago.  Bryan Garner has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He is the editor-in-chief of Black's Law Dictionary and he has coauthored two books with U.S. Supreme Court Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). He is the Founder and president of LawProse, Inc. and serves as Distinguished Research Professor of Law at Southern Methodist University School of Law.

In addition to the award presentations and speaker, the event will mark the installation of the new officers for Scribes. The current Scribes president completing her term on August 1st is Darby Dickerson, Dean at Texas Tech University School of Law and the W. Frank Newton Endowed Professor at that school. She will be replaced by incoming president Justice Michael Hyman of the Illinois Supreme Court, a former president of the Chicago Bar Association.

Here is the information about the luncheon, including how to order tickets:

Saturday, August 1, Noon – 2:00 p.m.
Swissotel, Edelweiss I Room, 43rd Floor
323 Upper Wacker Drive, Chicago, Illinois
$75 per person
$50 for Judges, Government Employees, Young Lawyers, Law Professors, and Law Students
 
RSVP to scribeslegalwriters@gmail.com by July 17 with your choice of lunch entrée: chicken or vegetarian. For questions, go to Scribes.org or call (806) 834-5792.
 
Mark E. Wojcik (mew)
Treasurer, Scribes--The American Society of Legal Writers

June 20, 2015 | Permalink | Comments (0)

Applied Legal Storytelling Conference Registration Deadline Approaching

July 10th is the last day to register for the Applied Legal Storytelling conference in Seattle. The conference takes place from July 21st through July 23rd at the Seattle University School of Law.  Conference information is on the Legal Writing Institute's website or can be found by clicking here. For additional information about registration or housing, please contact Lori Lamb at lambl [at] seattle.edu or  Chris Rideout at rideout [at] seattleu.edu.   

(mew)

June 20, 2015 | Permalink | Comments (0)

The Burton Awards

Ralph Brill and Karin Mika have shared a video compilation of glamor shots from the 2015 Burton Awards for outstanding achievement in legal writing.  The photographs of Professor Marilyn Walter of Brooklyn Law School are particularly stunning as she receives an award in recognition of her contributions to legal writing education.

Click here to see the video.  Burton Awards

 

Hat tip to Karin Mika and Ralph Brill

(mew)

June 20, 2015 | Permalink | Comments (0)

Friday, June 19, 2015

Reminder: Call for Papers for Business Law Conference in France

The French Association of Law Professors in Business Schools – the Association des Professeurs de Droit des Grandes Ecoles (“APDGE”) -- will hold its Third Conference Toulouse Business School in Southwestern France on December 3-4, 2015.  The theme of the conference is “Governance and Compliance in Companies: Constraints or Opportunities.”

Papers submitted will be reviewed double-blind and the authors of the best papers will be asked to present their papers in Toulouse, with a later publication anticipated.  Participants or their institutions must bear their own travel expenses unfortunately, but then again you do end up in Southwestern France so just find a way to make that happen if your proposal is selected.

Key Dates

Proposals: June 30, 2015

Full Text: September 1, 2015

Author Notification by the Scientific Committee: October 12, 2015

The call for papers is also available at the APDGE’s website at, as well as on the Conference’s website which is “under construction.”

Click here for a related post about the conference on one of our sister blogs, the Business Law Prof Blog.

Hat tip to Greg Voss

(mew)

June 19, 2015 | Permalink | Comments (0)

Thursday, June 11, 2015

Adventures in Chinese Menus

Chicken in Strange SauceAlright we'll readily agree that this photo has absolutely nothing to do with legal writing but we thought it was linguistically interesting enough to share with you. 

It's a menu from a Chinese Restaurant in Prague, Czech Republic. And no, we did not order the chicken in strange sauce.

(mew)

June 11, 2015 | Permalink | Comments (0)

Scribes Award Luncheon in Chicago: Come Learn "The Biggest Secret for Clear and Persuasive Writing"

GarnerKeynote Speaker Bryan A. Garner will share The Biggest Secret for Clear and Persuasive Writing at the 2015 Scribes Awards Luncheon in Chicago.  Bryan Garner has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He is the editor-in-chief of Black's Law Dictionary and he has coauthored two books with U.S. Supreme Court Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). He is the Founder and president of LawProse, Inc. and serves as Distinguished Research Professor of Law at Southern Methodist University School of Law.

Lord WoolfThe luncheon will also feature a special presentation of the Scribes Lifetime-Achievement Award to The Rt. Hon. the Lord Woolf, with comments by Lord Woolf.  Lord Woolf was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He has also been a non-permanent judge of the Court of Final Appeal of Hong Kong since 2003.

Scribes will also announce it prestigious book awards and Brief-Writing Awards.  These awards recognize and celebrate exceptional legal writing.

The Scribes Luncheon will be held during the ABA Annual Meeting in Chicago: 

Saturday, August 1, Noon – 2:00 p.m.
Swissotel, Edelweiss I Room, 43rd Floor
323 Upper Wacker Drive, Chicago, Illinois
$75 per person
$50 for Judges, Government Employees, Young Lawyers, Law Professors, and Law Students

RSVP to scribeslegalwriters@gmail.com by July 17 with your choice of lunch entrée: chicken or vegetarian. For questions, go to Scribes.org or call (806) 834-5792.
 
This is always a special event, and particularly so this year.
 
Mark E. Wojcik (mew)
Treasurer, Scribes--The American Society of Legal Writers

June 11, 2015 | Permalink | Comments (0)

Of Course You Need to Go to Southwestern France in December

The French Association of Law Professors in Business Schools – the Association des Professeurs de Droit des Grandes Ecoles (“APDGE”) -- will hold its Third Conference Toulouse Business School in Southwestern France on December 3-4, 2015.  The theme of the conference is “Governance and Compliance in Companies: Constraints or Opportunities.”

Papers submitted will be reviewed double-blind and the authors of the best papers will be asked to present their papers in Toulouse, with a later publication anticipated.  Participants or their institutions must bear their own travel expenses unfortunately, but then again you do end up in Southwestern France so just find a way to make that happen if your proposal is selected.

Key Dates

Proposals: June 30, 2015

Full Text: September 1, 2015

Author Notification by the Scientific Committee: October 12, 2015

The call for papers is also available at the APDGE’s website at, as well as on the Conference’s website which is “under construction.”

Click here for a related post about the conference on one of our sister blogs, the Business Law Prof Blog.

Hat tip to Greg Voss

(mew)

June 11, 2015 | Permalink | Comments (0)

James Billington, Librarian of Congress for Past 28 Years, to Retire in January

We are big fans of both the Library of Congress and the Law Library of Congress.  Both are national (and international) treasures that make so much information and so many resources available to researchers around the world.

James H. Billington has been the Librarian of Congress for the past 28 years.  On Wednesday he announced that he will retire on January 1, 2016, at the age of 86. He is the 13th librarian of Congress. He was nominated by President Ronald Reagan and President Barack Obama will nominate his successor, who must also be confirmed by the Senate.

Click here to read more about the announcement and the Library of Congress.

(mew)

And for a post on the Law Library of Congress, click here.

 

June 11, 2015 | Permalink | Comments (0)

Wednesday, June 10, 2015

Marilyn Walter of Brooklyn Law School to Receive Burton Award

Marilyn WalterThe Burton Legal Writing Awards is beyond doubt the most glamorous legal writing event anywhere. Held annually at the Library of Congress, this remarkable event celebrates exceptional legal writing and its teaching.

This year's celebration -- to be held this coming Monday -- will  include a joint presentation by US Supreme Court Justice Sonia Sotomayor and Chief Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit.  Notable attorneys Jay Sekulow and Robert A. Long will stage a mock argument on the Affordable Care Act Subsidies. And if that isn't entertainment enough, Broadway Diva Kristin Chenoweth will also be performing that evening.

Various awards are to be presented that day. Professor Marilyn Walter of Brooklyn Law School will receive the 2015 Burton Award for Contribution to Legal Writing Education. She will receive her award at the Library of Congress in Washington D.C. on June 15, 2015.

Professor Walter joined the LRW community in 1976 when she taught legal writing at New York University. In 1980, she became the director of the legal writing program at Brooklyn Law School. She has been a leader in the field of legal writing for nearly four decades.

Her book (coauthored with Professors Helene Shapo and Elizabeth Fajans), Writing and Analysis in the Law, is a widely used first-year legal writing text. She is also the co-author of the first edition of the Sourcebook on Legal Writing Programs.  She recieved the 2005 Association of American Law School Legal Writing Award in recognition of her “pioneering leadership, extraordinary vision, and outstanding service.” She has been a member of the Board of the Legal Writing Institute, a members of the ABA’s Committee on Communication Skills, an Editorial Committee member of the Journal of the Association of Legal Writing Directors, and Chair of the Association of American Law Schools Section on Legal Writing, Reasoning, and Research. In spring 2008, she was a Visiting Professor at the University of Delhi Law School.

Many congratulations to Professor Walter on this prestigious award. Previous winners include Ralph Brill, Darby Dickerson, Anne Enquist, Joe Kimble, Mary Lawrence, Richard K. Neumann, Laurel Oates, Marjorie Rombauer, Helene Shapo, and Tina Stark.

Hat tips to Noah A. Messing and Ralph Brill.

(mew)

June 10, 2015 | Permalink | Comments (0)