Monday, May 22, 2006

proofreading in practice

For an interesting perspective on the importance of proofreading, from a small firm practitioner, see:

http://www.lexisone.com/balancing/articles/wnaugust2003.html.

(Be prepared to wince at the comments about the author's own law school legal writing experience.  I couldn't help thinking, at least he had a legal writing course in law school, whatever its shortcomings may have been.  Many older lawyers in practice today never even had a legal writing course.)

(spl)      

May 22, 2006 | Permalink | Comments (2) | TrackBack (0)

job opening in Ohio

The University of Cincinnati College of Law has announced an opening for a full-time Legal Research and Writing Professor, to start in August 2006.  The school will begin reviewing resumes immediately and keep the search open until the position is filled.

Resumes should be sent to:

Human Resources Employment Services
51 Goodman Drive
University of Cincinnati
P.O. Box 210117
Cincinnati, OH 45221-0117

1)  The position advertised may lead to successive long-term contracts of five or more years.
2)  The professor hired will not be permitted to vote in faculty meetings.
3)  The school anticipates paying an annual academic year base salary in the range $40,000 to $49,999.
4)  The number of sutdents enrolled in each semester of the courses taught by the legal research & writing professor will be 41-45.

(spl)

May 22, 2006 | Permalink | Comments (0) | TrackBack (0)

Friday, May 19, 2006

student writing baggage

We often think of legal writing class as the one-room schoolhouse of the law school.  Our students arrive with such a wide variety of writing skills.  No two have quite the same combination of weaknesses and strengths.  And no two acquire the new skills unique to the discipline of law at quite the same pace.

But what about the mental and emotional baggage that law students bring to their writing?  For an interesting take on it, see:

http://www.wvu.edu/%7Elawfac/jelkins/orientation/legalmind/writingstory.html.

While the extended introduction may seem like what we used to call in the ad industry "borrowed interest," it's worth taking the time to start at the beginning and read on through.

(spl)

   

May 19, 2006 | Permalink | Comments (0) | TrackBack (0)

plain French?

Or would that be "le Francais simple?"

Apparently teaching lawyers to write in plain English is a challenge beyond the United States and even beyond English.  See http://www.allconferences.com/conferences/20050317164309.

(spl)

May 19, 2006 | Permalink | Comments (0) | TrackBack (0)

Thursday, May 18, 2006

headcount

I just got word that 524 people are now registered for the Legal Writing Institute's bi-ennial conference in June.  That's not a typo:  524!  Be sure to bring a lot of business cards to exchange.  And lots of hand-outs if you're presenting.

For anyone who is interested but unable to make it to the conference, plans are underway to blog about it here, day by day during the event.

(spl)

May 18, 2006 | Permalink | Comments (0) | TrackBack (0)

What's on your bookshelf?

Today I received the notice below from the American Bar Association (ABA), about books they have available at a discount for members.  Some of these could be interesting and useful additions to a legal writers' bookshelf.

(spl)

Announcing Six New Merriam-Webster Products Available Through the ABA Web Store

1. The Merriam-Webster New Book of Word Histories
http://maestro.abanet.org/trk/click?ref=zpqri74vj_0-1eb9x13996x1155258

2. Merriam-Webster's Primary Dictionary
http://maestro.abanet.org/trk/click?ref=zpqri74vj_0-1eb9x13997x1155258

3. Merriam-Webster's Dictionary of Allusions
http://maestro.abanet.org/trk/click?ref=zpqri74vj_0-1eb9x13998x1155258

4. Merriam-Webster's Rhyming Dictionary
http://maestro.abanet.org/trk/click?ref=zpqri74vj_0-1eb9x13999x1155258

5. The Official Scrabble Players Dictionary
http://maestro.abanet.org/trk/click?ref=zpqri74vj_0-1eb9x1399ax1155258

6. Coined by Shakespeare: Words and Meanings First Penned by the Bard http://maestro.abanet.org/trk/click?ref=zpqri74vj_0-1eb9x1399bx1155258

May 18, 2006 | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 17, 2006

Oregon upgrades!

Rhanley Jmalmud Kweather

The law faculty at the University of Oregon School of Law has voted unanimously to make five-year contracts available to its senior legal writing professors.  Congratulations to Rebekah Hanley, Joan Malmud, and Kate Weatherly!  (They're pictured in that order.)

hat tip:  Suzanne Rowe, University of Oregon

(spl)

May 17, 2006 | Permalink | Comments (0) | TrackBack (0)

job opening in Baton Rouge

Louisiana State University is adding another member to its legal writing faculty for the 2006-2007 academic year.  (That would be starting this upcoming fall semester.)  Applicants should contact:

Grace H. Barry
Director, Professional Practice Dept.
Paul M. Hebert Law Center
Louisiana Statue University
Baton Rouge, LA 70808
(225) 57801122
gbarry1@lsu.edu

1.  The position advertised may lead to successive long-term contracts of five or more years.
2.  The professor hired will not be permitted to vote in faculty meetings.
3.  The school anticipates paying an annual academic year base salary in the range $40,000 to $59,999.
4.  The number of students enrolled in each semester of the courses taught by the legal research & writing professor will be 31 to 35.

(spl)

May 17, 2006 | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 16, 2006

arts in Atlanta

Want to find out about arts events when you're in Atlanta for LWI in June?  Atlanta PlanIt is filled with info about concerts, exhibits, and fun things to do when you're not at the conference.

(njs)

May 16, 2006 | Permalink | Comments (0) | TrackBack (0)

news items?

Promotions?  New hires?  Status changes?  The Second Draft, the newsletter of the Legal Writing Institute, is accepting news items for its next issue.  Please send them to shartung@suffolk.edu by June 16.

(njs)

May 16, 2006 | Permalink | Comments (0) | TrackBack (0)

Monday, May 15, 2006

trouble grading?

Think you're having trouble getting through your grading?  For the ultimate in excuses for not getting your grading done, check out:  http://www.timesonline.co.uk/article/0,,2087-2179508,00.html.

hat tip:  Prof. R.J. Robertson, Southern Illinois University School of Law

(spl)

May 15, 2006 | Permalink | Comments (0) | TrackBack (0)

Sunday, May 14, 2006

deadline for LWI Idea Bank

May 15 is the deadline for submissions to the LWI Idea Bank.

Cover Sheet instructions are available at http://www.lwionline.org/activities/conferences.asp. Please send your submissions to submissions@ideabank.rutgers.edu

(njs)

May 14, 2006 | Permalink | Comments (0) | TrackBack (0)

How to Write Right

If you want to know "How to Write Right," see this September 2000 article from the New York Law Journal.

(njs)

May 14, 2006 | Permalink | Comments (0) | TrackBack (0)

Friday, May 12, 2006

the dangers of legal jargon

Last week the question of the week in the ABA's e-report was, essentially, what misunderstandings of legal jargon have you lawyers heard?  The humorous responses are available at http://www.abanet.org/journal/ereport/my12answers.html.

( spl)

May 12, 2006 | Permalink | Comments (0) | TrackBack (0)

writing myths

While a few of these writing myths actually are sound precautions in the context of formal legal writing, for most general writing contexts they are useful reminders.  In a day and age when many people no longer understand the grammatical references these myths refer to, at least someone is using words like "infinitive," whether or not we need to be concerned about it being split.

(spl)

May 12, 2006 | Permalink | Comments (0) | TrackBack (0)

Thursday, May 11, 2006

legal writing observations

For some humorously expressed observations by a practitioner who taught legal writing at John Marshall Law School, see http://www.dcba.org/brief/octissue/2002/art61002.htm

(njs)

May 11, 2006 | Permalink | Comments (0) | TrackBack (0)

lucid legal writing

For a lovely little essay on legal writing, see http://www.sims.berkeley.edu/~pam/papers/goodwriting.html or http://library.karrtuttle.com/good.htm (same article, two different sites).

(njs)

May 11, 2006 | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 10, 2006

legal writing bloopers

What do legal writing professors e-chat about on a listserve when they are going bonkers grading papers?  Well, recently they shared the gems below, from actual law student papers.  Remember, in the United States law students already have at least one university degree.  (disclaimer:  None of the text in the rest of this post is mine; only student text is in quotation marks.)

"pledge of a legions"

The judge's ruling was "incontinent."

A recent one I came across was a "circuit spit."

Appellant expressed his desire to be "apart" of the program.

... referred to the cause of action as "tortuous interference" or "torturous interference"

In a recent brief a student wrote several times that the court "righteously" adopted the majority rule.

"pre-Madonna" instead of "prima donna"

He referred to it as the "desperate impact" theory throughout his paper.

"flush out" instead of "flesh out"

On a Torts final, one student wrote that the statement was defamatory "per say" because it was spoken. 

"abusive discretion" instead of "abuse of discretion"

"for all intensive purposes"

"In Jones, as appose to the case before this Court ...."

"For the four going reasons, the Defendant respectfully requests ...."

"It was not a four prophet organization."

I "must of" missed it (see also could of, should of, would of -- you get the drift).

"Therefore, even private property that posts a warning is liable if their dog bites someone who is there doing lawful business."

"Even though the snowball was not thrown very hard and could not have caused the dog pain, it reacted by attacking Harvey."

"Whether, under Illinois law, a person will be able to recover damages for a severe dog bite he received from the defendant where the plaintiff's son ...."

"The case among the present president which indicated unpeaceable conduct was Nelson."  (I guess the President can be precedent.)

"The court concluded that an unintentional cat can provoke a dog."  (should "of" been "unintentional act")

"The dog swiped the child with its paw, which permanently damaged the child's tire duct."

A defendant's use of racial or religious "epitaphs" in a hate crime case.

In Chicago United Industries v. City of Chicago (7th Cir., April 25, 2006), a party asked the court to return the parties to the "status quo ante bellum."

"Public form."  And, the student went to a great deal of trouble to explain the "form" part of the speech.  He never mentioned "forum" or seemed to know what one was.  He even had case law pertaining to a public forum, but doggedly called it "form," and discusssed whether it was speech "that could be listened to," and whether it was on radio or T.V.  Maybe he thought all those cases just misspelled the word.

"In that case the plaintiff was viscously assaulted ...."  I have visions of a gang of amoebas.

"The evidence was obtained when police officers attempted to enter the defendant's residents."  The mind boggles.

"The offer peeked her interest."

I'm grading briefs about whether sleeping counsel gives rise to an ineffective assistance of counsel claim.  Counsel had a law clerk with him in trial, who did not wake him up.  One student wrote that "counsel was not aroused by the law clerk."

I had a student write in a client letter that "we share in your sediments that the contract is truly unfair ...."

A student wrote a brief about "percussive" evidence, rather than "persuasive" evidence.  Does this mean the jury was beating the drums?

I have frequently encountered "illicit" when the student means "elicit."  It's a good one for getting the imagination going.

For some reason, students frequently write "intact" as two words.

In a memo about an IVF procedure gone wrong:  "There are three testes for parentage."

hat tip:  two dozen legal writing professors who would prefer to remain anonymous

(spl)

May 10, 2006 | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 9, 2006

appellate practice scholarship award

The American Academy of Appellate Lawyers gives a $2,000 award annually for "the best article on appellate practice and procedure."  The Eisenberg Prize memorializes Howard B. Eisenberg, former Dean of Marquette University Law School.  You can enter an article until July 9, 2006, by e-mailing it to baplys@mgmtsol.com.

(spl)

May 9, 2006 | Permalink | Comments (0) | TrackBack (0)

Monday, May 8, 2006

problem solving at Hahvahd

According to a Boston Globe article on Sunday, May 7, 2006, Harvard Law School is exploring using  more problem-solving methods in the curriculum.  The impetus?   A recognition that the traditional Langdellian method fails to equip students with the problem-solving skills necessary in law practice.  It used to be that Harvard Law School's teaching methods led the country's approach to training lawyers, but now they seem to be just starting to catch up to what many schools, certainly most legal writing programs, have been doing for a couple of decades. 

hat tip:  Ellen Swain, Vermont Law School

(spl)

May 8, 2006 | Permalink | Comments (0) | TrackBack (0)