Legal Writing Prof Blog

proximate cause?

And you thought we had some weird cases in this country.

On msnbc.com last week was the report of a Chinese case in which the court ruled that the screaming of a little boy who was startled by a barking dog led to the deaths of a few hundred chickens, who in turn panicked and trampled each other to death in the henhouse. 

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no brief?

Sure, your client can decide it's not economically worthwhile to pay you to research and write an appellate brief. And then the court can issue an opinion like this one:

http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=27937

hat tip: Chris Wren

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may it please the Wikipedia

The January 29, 2007 online edition of the New York Times reports on the appearance of Wikipedia citations in judicial opinions, noting that "[m]ore than 100 judicial rulings have relied" on the online reader-edited reference. The article mentions a Tennessee Court of Appeals case that used its definition of "beverage" in a tax case (that would be English Mtn. Spring Water Co. v. Chumley, 196 S.W.3d 144 (Tenn. App. 2005)) and a recent case from an unnamed Florida federal district court, who used it as a source explaining the term "booty music." The article also quotes Seventh Circuit Judge Richard Posner, who has himself cited a Wikipedia entry. Judge P acknowledges, however, that "[i]t wouldn't be right to use it in a critical issue. If the safety of a product is at issue, you wouldn't look it up in Wikipedia."

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legal writing in Wikipedia

"Legal writing" has its own Wikipedia entry!!  And while ALWD, its manual, and Ralph Brill can be found there, a search for LWI turns up nothing.  I think we have some editing to do!!

(njs)

a Bartlett's Quotations for law?

from Fred Shapiro:

"My book, The Yale Book of Quotations, has recently been published by Yale University Press. The YBQ is intended to supplant Bartlett's Familiar Quotations and the Oxford Dictionary of Quotations as the most authoritative quotation dictionary. It is the first major quotation book to emphasize modern and American sources, including popular culture, sports, computers and politics, and the first quotation book of any sort to use state-of-the-art computer-assisted research methods to comprehensively collect famous quotations and to trace quotations to their accurate origins."

"Many legal scholars over the years have asked me when I would publish a second edition of The Oxford Dictionary of American Legal Quotations (1993). The Yale Book of Quotations may be viewed as a kind of second edition of the ODALQ, since it includes extensive coverage of legal quotations and in this respect brings the ODALQ up to date (as well as covering British legal quotations not in the ODALQ)."

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summer grants for legal writing professors

Co-chairs Ben Templin, at Thomas Jefferson School of Law, and Sarah Ricks, at Rutgers-Camden School of Law, have announced:

"The Legal Writing Institute and the Association of Legal Writing Directors are pleased to announce that, for 2007, LWI will be teaming up with ALWD to jointly offer the 2007 ALWD-LWI Summer Research Grants. 

"At their January meeting, the LWI Board set aside $10,000 for 2007 summer grants. The ALWD Board determines the amount of scholarship money based on the ALWD Citation Manual revenues.

"Because this (happily) increases the pool of available money for 2007 summer research grants, legal writing teachers are encouraged to apply for a grant. 

"Since ALWD has a well developed system of choosing award recipients, this year the LWI and ALWD Scholarship Committees will join forces to jointly award summer research grants. Ben Templin, Thomas Jefferson School of Law, Chair of the LWI Scholarship Committee, and Sarah Ricks, Rutgers-Camden School of Law, Chair of the ALWD Scholarship Committee, will jointly administer the awards.

"As previously announced, applications are due by February 1, 2007, 5 pm EST, via e-mail."

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ghost writers in the sky

Following up on my post yesterday about students getting commercial assistance with their personal essays for admission, I offer a link to a "law student writing" blogger's sponsors (not sure if the blogger is still active, but the pages are up and the blog's own links are working too).

Click the "admission essays" category to get a sense of the marketplace. I was particularly amused/repulsed to see one site's claim that its ghost-written essays (for which you will pay only $18/page!) are not plagiarized. Like that makes the other dishonesty okay?

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poor writers find way around essay hurdle

A feature story from today's San Francisco Daily Journal (whose web site's story links are restricted to subscribers only, alas) reveals the growing--and worrisome--trend of law school applicants' use of editing services for the personal essays they write as part of the application process.

hat tip: Prof. Carol Langford

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job opening in NYC

The announcement below arrived from New York Law School:

New York Law School is seeking applicants for a full-time Academic Support teacher who will lead academic skills classes for low-performing law students. This is a faculty position renewable on a contract basis, and will carry the title of “Associate Professor of Applied Legal Analysis.”

Ideal candidates will be energetic teachers with distinguished academic backgrounds, who have strong organizational and interpersonal skills. Prior experience in academic support, academic counseling, or providing instruction in legal reasoning and writing will be very helpful.

      

The successful candidate will work closely with the director of our Academic Skills program and with our entire first-year faculty.  New York Law School is a vibrant community dedicated to offering the right program to each of our students. We have both full-time and part-time programs, so applicants should be available to teach both day and evening classes.

Applications must be submitted by February 14, 2007.  Applicants should send a resume and cover letter to:
Kris Franklin

Professor of Law

New York Law School

57 Worth Street

New York, NY 10013

1.  The position advertised:
     __   a.   is a tenure-track appointment.
     __   b.   may lead to successive long-term contracts of five or more years.
     _ x_ c.   may lead only to successive short-term contracts of one to four years.
     __   d.  has an upper-limit on the number of years a teacher may be appointed.
     __   e.  is part of a fellowship program for one or two years.
     __   f.   is a part-time appointment, or a year-to-year adjunct appointment.

The initial appointment is to a three-year contract, which is renewable. Depending on program evaluation, the position may eventually qualify for long-term contract status.

2.  The professor hired:
     _   a.   will be permitted to vote in faculty meetings.
     _x_   b.   will not be permitted to vote in faculty meetings.

3.  The school anticipates paying an annual academic year base salary in the range checked below.  (A base salary does not include stipends for coaching moot court teams, teaching other courses, or teaching in summer school; nor does a base salary include conference travel or other professional development funds.)
     __   a.   $90,000 or more
     _x_ b.   $80,000 to $89,999
     __   c.   $70,000 to $79,999
     __   d.   $60,000 to $69,999
     __  e.   $50,000 to $59,999
     __   f.   $40,000 to $49,999
     __   g.   $30,000 to $39,999
     __   h.    this is a part-time appointment paying less than $30,000
     __   i.     this is an adjunct appointment paying less than $10,000

Depending on experience, the salary could go beyond the range indicated above.

4. The number of students enrolled in each semester of the courses taught by the legal research & writing professor will be:
     __   a.   30 or fewer
     __   b.   31 - 35
     _x_ c.   36 - 40
     __   d.   41 - 45
     __   e.   46 - 50
     __   f.    51 - 55
     __   g.   56 - 60
     __   h.   more than 60

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the small claims case that just kept going . . .

From a frustrated court hearing an appeal in a small-claims case for the second time:

"We would like to aid in speeding this case along by simply deciding it; however, in view of the lack of factual findings, it is impossible for us to do so.  The case is further complicated by the fact that both parties have dropped the ball at various stages of the proceedings, Satcom by failing to present to the lower court arguments that it now raises, and Nielson by submitting a brief long on bluster and vituperation and short on cogent legal argument.  We will provide precise directions for remand to avoid, we hope, seeing this case for a third time."

(njs)

Do your own LibraryThing

A story in Sunday's St. Petersburg (FL) Times describes LibraryThing.com, a "novel" site that lets book lovers/collectors enter data to catalog the books in their personal libraries. Why would I want to do that, you ask?

• It lets you create a "library-quality" catalog of your books (using Amazon, Library of Congress, and other libraries to get full bibliographic data, jacket covers, and more), which would help you keep track of what you've got. (Not sure what books you've lent to friends and never gotten back? That's me.)
• It lets you discover others who share your interest in those books (and warns you that you may find other users with "eerily similar" tastes in reading).
• It facilitates formation of book clubs, discussion groups, and gatherings of those sorts.
• It even suggests books you might be interested in adding to your collection, based on an analysis of what you presently have.
• You can catalog up to 200 books for free. Subscription prices for larger collections are reasonably priced--$10/year or a lifetime membership for $25.

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a popular podcast on . . . grammar!?

CNN’s website reports the amazing success of an iTunes podcast devoted to, of all things, grammar. The podcast, titled “Grammar Girl's Quick & Dirty Tips for Better Writing," is the brainchild of Mignon Fogarty, and it is reportedly the 47th most popular of iTune’s podcasts. You can subscribe there, or you can go directly to Grammar Girl’s own website.

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job at South Texas

South Texas College of Law invites applications for two tenure-track positions, at the rank of Assistant Professor of Law, to teach Legal Research and Writing (LRW) beginning in August 2007. We seek candidates with outstanding academic records who are committed to both excellence in teaching and sustained scholarly achievement.

Preference will be given to candidates with experience teaching LRW, and who are interested in making LRW their primary area of expertise. We also will consider applications from candidates with no previous teaching experience or who express interest solely in a visiting one-year appointment. Salary will be commensurate with experience. The two appointments are subject to the same promotion standards as non-LRW tenure-track positions at the law school (and all tenure-track professors are eligible for summer research and teaching stipends and fifth-year sabbaticals).  Our LRW program does not have a director; therefore, subject to some limitations, LRW professors have significant autonomy in creating their curriculum.

South Texas College of Law was founded in 1923 and is a private, nonprofit, independent law school that is accredited by the ABA and a member of the AALS. The College has nearly 60 full-time faculty and approximately 1,200 students. The College is located in downtown Houston and occupies an 11-story tower that it shares with two Texas state appellate courts. The six-story Fred Parks Law Library (completed in 2001) includes state-of-the-art technology, approximately 500,000 volumes and volume equivalents, a growing collection of rare books, and a rooftop terrace and conference center with panoramic views. The College is well-known for its strong advocacy program, which has won more national moot court competitions than any other American law school. Additional information about the College is available at http://www.stcl.edu/

Inquiries seeking additional information about the positions may be directed to Professor Andrew T. Solomon ([email protected]; 713-646-2905).

Applications (including a current c.v.) may be directed to:
Professor Maxine D. Goodman
Co-Chair, Faculty Appointments Committee
South Texas College of Law
1303 San Jacinto Street
Houston, TX 77002
email: [email protected]
tele: 713-646-1868

The committee will begin reviewing materials immediately and thereafter until the positions are filled. South Texas College of Law is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age, citizenship status, Vietnam era or special disabled veteran's status, or sexual orientation.

1. The position advertised:
__X__ a. is a tenure-track appointment.
_____ b. may lead to successive long-term contracts of five or more years.
_____ c. may lead only to successive short-term contracts of one to four years.
_____ d. has an upper-limit on the number of years a teacher may be appointed.
_____ e. is part of a fellowship program for one or two years.
_____ f. is a part-time appointment, or a year-to-year adjunct appointment.

2. The professor hired:
__X__ a. will be permitted to vote in faculty meetings.
_____ b. will not be permitted to vote in faculty meetings.

3. The school anticipates paying an annual academic year base salary in the range checked below.
_____ a. $90,000 or more
__X__ b. $80,000 to $89,000
__X__ c. $70,000 to $79,999
_____ d. $60,000 to $69,999
_____ e. $50,000 to $59,999
_____ f. $40,000 to $49,999
_____ g. $30,000 to $39,999
_____ h. this is a part-time appointment paying less than $30,000
_____ i. this is an adjunct appointment paying less than $10,000

4. The number of students enrolled in each semester of the courses taught by the legal research and writing professor will be:
_____ a. less than 30
_____ b. 31 to 35
_____ c. 36 to 40
__X__ d. 41 to 45
__X__ e. 46 to 50
__X__ f. 51 to 55
_____ g. 56 to 60
_____ h. more than 60

(njs)

odd motions

This is the time of year when I teach my students some of the basics of motion practice. Everyone is familiar, of course, with standard procedural motions such as those seeking summary judgment, compelled discovery, and 12(b)(6) dismissals. To get across my point that in order to ask a trial court to do anything, an attorney should file a written motion, I give my students examples of unusual motions.

This year, I'll show them two motions for continuance of a trial, one based on absence of jurors due to the start of deer season and the other premised on jurors' absence based on the Chicago Bears-New Orleans Saints game being played today. By the way, both motions were granted! (Thanks to Kevin Underhill's blog, Lowering the Bar, which had pdfs of the motions.)

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job opening in Brooklyn (NYC)

Another job opening has been announced:

BROOKLYN LAW SCHOOL is seeking applicants for full-time and adjunct Legal Writing Instructor positions.   Appointments are renewable.  Instructors teach the Legal Writing, Analysis and Research course to first year law students.  Classes are small.  Full-time Writing Instructors are eligible for summer research stipends.  They vote at faculty meetings, attend conferences, and are members of faculty committees.

PREREQUISITES: Strong academic record, excellent writing skills, minimum of three years of legal experience. 

SALARY is competitive.

Applicants should send a brief cover letter, resume, and writing sample to:
Professor Marilyn R. Walter
Brooklyn Law School
250 Joralemon Street
Brooklyn, NY 11201
[email protected]

1.  The position advertised:
     __   a.   is a tenure-track appointment.
     __   b.   may lead to successive long-term contracts of five or more years.
     _x   c.   may lead only to successive short-term contracts of one to four years.
     __   d.  has an upper-limit on the number of years a teacher may be appointed.
     __   e.  is part of a fellowship program for one or two years.
     __   f.   is a part-time appointment, or a year-to-year adjunct appointment.

Additional information about job security or terms of employment, any applicable term limits, and whether the position complies with ABA Standard 405(c):  Contracts are indefinitely renewable.          

2.  The professor hired:
     _x   a.   will be permitted to vote in faculty meetings.
     __   b.   will not be permitted to vote in faculty meetings.

Additional information about the extent of the professor’s voting rights:  Writing faculty are members of faculty committees.

3.  The school anticipates paying an annual academic year base salary in the range checked below.  (A base salary does not include stipends for coaching moot court teams, teaching other courses, or teaching in summer school; nor does a base salary include conference travel or other professional development funds.)
__   a.   $90,000 or more
__   b.   $80,000 to $89,999
__   c.   $70,000 to $79,999
__   d.   $60,000 to $69,999
_x   e.   $50,000 to $59,999
__   f.   $40,000 to $49,999
__   g.   $30,000 to $39,999
__   h.    this is a part-time appointment paying less than $30,000
__   i.     this is an adjunct appointment paying less than $10,000

Additional information about base salary or other compensation:  Summer research stipends are available .  Writing faculty get support for  attending conferences.

4.        The number of students enrolled in each semester of the courses taught by the legal research & writing professor will be:
__   a.   30 or fewer
__   b.   31 - 35
_x   c.   36 - 40
__   d.   41 - 45
__   e.   46 - 50
__   f.    51 - 55
__   g.   56 - 60
__ h.   more than 60

Additional information about teaching load, including required or permitted teaching outside of the legal research and writing program:  In the third year, writing faculty also teach an upper level writing course.

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job opening in Atlanta

The announcement below comes directly from the school:

Atlanta’s John Marshall Law School (JMLS) anticipates hiring at least two Legal Skills professors for the 2007-2008 academic year.  JMLS, located in midtown Atlanta, has a diverse student body in its full and part-time, day and evening divisions.  Since its founding in 1933, JMLS’s mission has been to provide a quality legal education to nontraditional or adult learners, and to other underserved segments of the population.  In February, 2005, JMLS received provisional accreditation from the American Bar Association. 

JMLS Legal Skills professors teach a combination of writing and elective skills courses.  JMLS has a four semester required legal writing program. Students take two semesters of Legal Writing in their first year; a Legal Writing class focused on civil pre-trial litigation in their third semester; and a Legal Drafting course their final semester. Elective skills courses currently taught by Legal Skills professors include client interviewing and counseling, negotiation, and trial advocacy.  The school is in the process of expanding its skills curriculum to include additional skills courses. 

JMLS Legal Skills Faculty vote in faculty meetings, serve on committees, receive travel and professional development funds, and take an active role in the development of the law school.  Legal Skills Faculty are first hired on a renewable contact, with benefits. After two years at the law school, Legal Skills Faculty may become eligible for a three-year contract and subsequent to that, five-year contracts.

Applicants should have at least four years of experience in law practice with strong writing, analytical, research and communication skills.  JMLS anticipates beginning to interview candidates in early 2007. 

Applicants should send a cover letter, resume, writing sample, and contact information for three references to:  Professor Daniel Piar, Chair of the Faculty Recruiting Committee, John Marshall Law School - Atlanta, 1422 West Peachtree St., N.W., Atlanta, GA 30309.  Applicants can apply by email or through the regular mail.
         
1.  The position advertised:
     __   a.   is a tenure-track appointment.
    _x_   b.   may lead to successive long-term contracts of five or more years.
     __   c.   may lead only to successive short-term contracts of one to four years.
     __   d.  has an upper-limit on the number of years a teacher may be appointed.
     __   e.  is part of a fellowship program for one or two years.
     __   f.   is a part-time appointment, or a year-to-year adjunct appointment.

2.  The professor hired:
     _x_   a.   will be permitted to vote in faculty meetings.
     __   b.   will not be permitted to vote in faculty meetings.

3.  The school anticipates paying an annual academic year base salary in the range checked below.  (A base salary does not include stipends for coaching moot court teams, teaching other courses, or teaching in summer school; nor does a base salary include conference travel or other professional development funds.)
     __   a.   $90,000 or more
     __   b.   $80,000 to $89,999
     __   c.   $70,000 to $79,999
     _x_   d.   $60,000 to $69,999
     __   e.   $50,000 to $59,999
     __   f.   $40,000 to $49,999
     __   g.   $30,000 to $39,999
     __   h.    this is a part-time appointment
                  paying less than $30,000
     __   i.     this is an adjunct appointment
                  paying less than $10,000

4.  The number of students enrolled in each semester of the courses taught by the legal research & writing professor will be
     __   a.   30 or fewer
     __   b.   31 - 35
     __   c.   36 - 40
     __   d.   41 - 45
     _x_   e.   46 - 50
     __   f.   51 - 55
     __   g.   56 - 60
     __   h.   more than 60

      Contact Person: Professor Daniel Piar
      Chair of the Faculty Recruiting Committee
      JOHN MARSHALL LAW SCHOOL - ATLANTA
      1422 West Peachtree St, NW
      Atlanta, GA  30309
      [email protected]
      www.johnmarshall.edu
      Submission Deadline: 5/31/2007

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law student writing competitions

If you know law students who have done stong written work, you may want to encourage them to submit their work to a writing competition.  Some competitions receive few entries, many award monetary prizes, and any award would look good on a resume.

One listing of writing competitions for law students can be found at:  http://www.law.du.edu/writing/competitions.cfm

hat tip:  Professor Paul McGreal, Southern Illinois University

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interviews on the art of writing

Bryan Garner routinely interviews judges and others on the art of writing. LawProse maintains a one-of-a-kind video archive of these educational interviews.

hat tip:  Christopher Wren

(njs)

trends in law clerk hiring

Here's an interesting article exploring the trend towards judges' hiring of law clerks with post-law-school work experience.

(njs)

changing the law-school curriculum?

The Chronicle of Higher Education has a good article on suggested changes in the law-school curriculum, including greater emphasis on practical skills.  The article discusses the recommendations of the Carnegie Foundation for the Advancement of Teaching.

(njs)