Legal Writing Prof Blog

job in L.A.

Loyola Law School - Los Angeles has announced an opening for a full-time, non-tenure-track position as an Associate Clinical Professor for the 2006-07 academic year, teaching the legal writing component of two sections of required first-year Legal Research and Writing and one section of Ethical Lawyering.  Ethical Lawyering, a required upper-division course, teaches legal ethics, client interviewing and counseling.  The initial appointment will be for two years and may be renewed for unlimited successive five-year periods.  Applicants must have a degree from an ABA/AALS accredited law school, and an outstanding academic record, along with excellent written and oral skills.  To apply, send your resume and the names of two references, by March 3rd, to:  Loyola Law School Human Resources, [email protected], fax #:  213-386-6966.

1.  The position advertised may lead to successive long-term contracts of five or more years.
2.  The professor hired will be permitted to vote in faculty meetings.
3.  The school anticipates an annual academic year base salary in the range $60,000 to $69,999.
4.  The number of students enrolled in each semester of the courses taught by the legal research & writing professor will be:  56 - 60 (in LRW and 32 in Ethical Lawyering).

(spl)

helpful bad spelling?

A reader has pointed out that sometimes bad spelling is a good thing. See http://paulboutin.weblogger.com/2006/01/29. (spl)

appellate practice tips

The North Dakota Supreme Court has a wonderful list of appellate practice tips.  Two of my favorite items about professionalism?

"Civility is not too much to expect in a civilized society's alternative to brute force, stealth, and deception." See Jacobson v. Garaas, 2002 ND 181, ¶ 37, 652 N.W.2d 918.

Not every lawyer excess is justified by the mantra of zealous representation. See Jacobson v. Garaas, 2002 ND 181, ¶ 23, 652 N.W.2d 918.

(njs)

the ethics of legal writing

Professor Melissa Weresh at Drake University Law School has written a new book on Legal Writing:  Ethical and Professional Considerations (LexisNexis 2006).  Chapter by chapter she covers different types of documents, such as office memos, client letters, appellate briefs, and transaction documents, explaining both content-based considerations and format and practice considerations.  The book includes excerpts from key cases, as well as notes to encourage classroom or office discussions.  It's a good text for a legal writing or professional responsibility course, a practical gift for new attorneys, and an interesting refresher for experienced attorneys.  One fun touch for legal writing professors are the quotes by colleagues that start each chapter.  (spl)

SPELL

Some of us see errors in spelling and sigh.  Others see errors in syntax or grammar and wince.  If you see such errors and get really mad, you might be interested in joining an organization called the Society for the Preservation of English Language and Literature (SPELL).  This is "an organization of people who love our language and are determined to resist its abuse and misuse in the news media and elsewhere."  SPELL is best known for its Goof Cards, bright yellow cards that members send to language offenders to inform and educate them.  SPELL also publishes a newsletter and sponsors a high school essay contest, with case prizes.  (spl)

"change" and "change out"

As a frequent HGTV viewer, I've noticed the use of the term "change out," and I wonder how this term came to be used.  As far as I can tell, "change out" means the same as "change"--as in, "Next, we'll change out these old tattered slipcovers for these trendy new ones."  Wouldn't "change" work just as well?

I checked the Merriam Webster and American Heritage dictionary websites, and neither of them notes this phrasal verb form.  Anyone know its genesis?

Note:  I'll be especially concerned if students start talking about the legislature's changing out a former statute for its amended version!!

(njs)

recommended reading

A book with a surprising amount of food for thought for legal writers is Do You Speak American?, by Robert NacNeil and William Cran (Doubleday 2005).  The book is billed as "a companion to the PBS television series," and it provides a lot more detail than the TV series did, including a map of English dialects in the United States.  Although the book focuses on spoken American English, it provides interesting explanations of the interplay between spoken and written language.  It also makes some unexpected assertions about the health of the written language.  From a lawyer's perspective, knowing more about your audience and how it perceives what you're saying, whether orally or in writing, is always a good thing, and this book's forte is its explanations of language differences (and the changes in differences) throughout the U.S.  (spl)

LWI conference travel info

For those planning ahead, Professor Steve Johansen (Lewis & Clark), recently shared the following travel information about this summer's Legal Writing Institute summer conference:

"Date:  June 7-10, 2006
Location:  Georgia State University Campus, in Atlanta, Georgia
Registration cost: $395.00 before April 19; $445 after April 19
Hotels:  LWI has reserved a block of rooms at the OMNI:  $125/single; $135/double

"There are also dorm-style rooms reserved at the Olympic Village for $40/night. (The Village is approximately 1 1/2 miles from the conference site; we will have shuttles available.)"

LWI members can expect detailed conference brochures to arrive via snail mail soon.  Others interested in the conference should visit the LWI website for membership information.  There is no fee to be a member of LWI.  You do need to be a member to be able to attend the conference.   (spl)

pet peeve number one (one of many!)

It's pet peeve time.

“Pick up” as a verb does not have a hyphen.

“Pick-up” meant a vehicle as far back as the 1920s* (although we've now lost the hyphen and it’s all one word) and might be used as a hyphenated modifier (“a pick-up line”).  But it's not the verb form!!

One takes out food from a restaurant. One buys take-out food when one is busy.  Again, the verb form does not have a hyphen!!

Other examples?  Feel free to share.

* 1920s or 1920's?  Another debate for another post.

(njs)

even beyond contingent faculty . . .

Sadly, there are entire books written on a related phenomenon--itinerant faculty (part-time lecturers and adjuncts who often put together a living and career by travelling amongst several schools).  See, for example, "The Invisible Faculty:  Improving the Status of Part-Timers in Higher Education."

(njs)

"contingent" faculty

In academia, professors who are not on the tenure track or tenured are often referred to as "contingent faculty."  In recent years, there has been a huge increase in the use of contingent faculty at universities across the United States, and a related decline in the number of tenure-track positions.  The legal writing field is one of the few in which the number of tenure-track jobs is gradually increasing, as the field becomes more professionalized.  (Whether "professionalized" is a real word I'll leave to you word hounds.)

The Association of American University Professors (AAUP) has long been an avid supporter of tenure and the academic freedom it allows.  Legal writing professors who are in contract-term or adjunct positions, and their colleagues, might not be aware that more recently the AAUP has stepped up its support of contingent faculty, too.  AAUP co-sponsors an annual Campus Equity Week and participates in the Coalition of Contingent Academic Labor, which is hosts its own annual conference.

(For more information, click on the links above, which a kind reader showed me how to create.)  (spl)          

A Plain English Handbook

The SEC's handbook on Plain English is an excellent writing resource.  While its focus is on writing clear SEC disclosure documents, it has many tips that apply to all writing.  In fact, it could be used for reading assignments for some class sessions.

Find it at http://www.sec.gov/pdf/handbook.pdf.

(njs)

LWI conference scholarships

The Legal Writing Institute (LWI) has just announced that it will be awarding scholarships to eligible members to attend the LWI Conference in Atlanta, Georgia, June 7-10, 2006.  The scholarships will cover the costs of travel, dorm room accommodations, and conference registration. LWI's policies for awarding scholarships, the application form, and instructions are available at: http://www.lwionline.org/activities/conferences.asp.

The deadline for applications is March 15, 2006.  Recipients will be selected by blind lottery.  In addition, professors from Louisiana law schools affected by the recent hurricanes may be eligible for special funding.  (spl)

philosophy of punctuation

Do you have a philosophy of punctuation?  Do you share it with your students or encourage them to arrive at one of their own?  For an explanation of what a philosophy of punctuation might be and a colorful example, see http://www.press.uchicago.edu/Misc/Chicago/721833.html.  (spl)

   

judge scolds wordiness in indictment

Here's a great story about a judge who does NOT appreciate wordiness . . .

http://epaper.abqjournal.com/Repository/ml.asp?Ref=SkQvMjAwNi8wMS8yMCNBcjAwMTA0

(njs)

how schools approach conversion to tenure-track LRW positions

Over the past few years, the American Bar Association (which is the organization recognized by the United States Department of Education as the body responsible for accrediting law schools) has adopted new standards and interpretations which encourage law schools to enhance the status of legal writing professionals to more closely approximate the protections afforded to tenure-track faculty. Probably at least in partial response to this, an increasing number of schools are now in the process of adopting a system of presumptively-renewable long-term contracts, or outright tenure-track, for legal writing professors who were previously hired only for successive short-term contracts. The Brandeis School of Law at the University of Louisville and Western New England College of Law are just two of the schools now going through that process.

While it is fantastic to see these schools finally recognizing the worth of LRW professors and elevating them to the status they all deserve, the process of elevating professors is not without risk. For example, many schools which move to tenure-track or long-term-contract-track require professors now teaching in those programs to go through a national search and basically re-apply for their job. One could argue that it is unfair not only to the current incumbents but also to potential applicants, who have to compete against one or more “insider” candidates. Are the “national” applicants just window dressing? Is all the effort that goes into the national search really worth it?

Next, assuming that the incumbents are re-hired (which is often the case), they typically are hired with zero credit towards tenure even though they may have been teaching for many years. Many of them may have published extensively before they are hired onto the new “secure” tracks, but the “what-have-you-done-for-me-lately” nature of the tenure review process may be blind to all of that work. And many schools may enforce a six-year or so “waiting period” before they are even allowed to apply for tenure, despite their long records of excellent prior teaching, scholarship and service.

I’d be interested to see what others may think about these issues. What are the pros and cons of engaging in a national search? What “credit” should be given for teaching under the prior short-term contracts? Please append your comments to this post.

(kdc)  (contributing editor Kenneth D. Chestek, Clinical Associate Professor of Law, Indiana University School of Law---Indianapolis, 530 W. New York St., Indianapolis, IN  46202, (317) 278-8574, mailto:[email protected])

in business!

Professors Grace Wigal and Hollee Temple, legal writing colleagues at the West Virginia University College of Law, have started their own business, called Just Write Seminars.  They are offering CLE and professional development programs to law firms, as well as one-on-one critiques of lawyers' writing.  To find out more, click on http://www.justwriteseminars.com.  (spl)

literacy among college students

The Associated Press recently reported that "[m]ore than half of students at four-year colleges - and at least 75 percent at two-year colleges - lack the literacy to handle complex, real-life tasks such as understanding credit card offers . . . . "

The literacy study was funded by Pew Charitable trusts; it also found that "[m]ost students at community colleges and four-year schools showed intermediate skills. That means they can do moderately challenging tasks, such as identifying a location on a map."

The idea that college graduates may find it challenging to analyze an editorial or identify  a location on a map is terrifying and suggests major challenges as these students arrive in law schools.

(njs)

humanizing law school

Quite a few legal writing professors are involved in a movement within legal education called "humanizing legal education."  The aim of this movement is to counter the disillusionment and personal disengagement that many law students experience during their legal education, in an effort to do something about the alarming statistics on law student and lawyer job dissatisfaction, depression, and substance abuse.  Professor Larry Krieger (Florida State) has an excellent website, with resources for both law students and law professors:

http://www.law.fsu.edu/academic_programs/humanizing_lawschool/humanizing_lawschool.html

Use the links on the left-hand side of the screen if the links within the introductory message aren't working.

(spl)

Writing Across the Curriculum

More and more law schools in the U.S. are implementing Writing Across the Curriculum (WAC) requirements, to give law students more opportunities to hone their writing skills in all their courses.

In response to the rising need for information and ideas on WAC, Brooklyn Law School is sponsoring a symposium on Teaching Writing and Teaching Doctrine:  A Symbiotic Relationship?  The symposium takes place February 17th, from 2:00 - 4:30 p.m.  If you're planning on attending, please indicate so at https://www.brooklaw.edu/rsvp.  The speakers will include the following legal writing professors (among others):

Marilyn Walter (Brooklyn)
Carol Parker (Tennessee)
Pamela Lysaght (Detroit Mercy)
Philip Meyer (Vermont)
Elizabeth Fajans (Brooklyn)

For even more coverage of WAC, including professors from many different discliplines and many countries, consider attending the Eighth International WAC Conference at Clemson University, May 18-20, 2006.  More information about WAC and this conference is available at http://virtual.clemson.edu/caah/pearce/wac2006/.

Finally, at the July 2006 meeting of the Southeastern Association of American Law Schools (SEAALS), there will be a panel  presentation on WAC.  Some information is available now at http://www.nsulaw.nova.edu/seals/, and more will be posted here as it becomes available.

(spl)