Legal Writing Prof Blog

Comments on FRAP 28

Judge Jeffrey S. Sutton, Chair of the Federal Appellate Rules Advisory Committee,has asked the for comments on a proposal to repeal or amend Rule 28(a)(6) of the Federal Rules of Appellate Procedure. The rule requires the appellant's brief to include a "statement of the case briefly indicating the nature of the case, the course of proceedings, and the disposition below." This requirement was added in 1998. Before that, the rule 28 required a statement of the case that included both the procedural history and the relevant facts. We understand that Judge Sutton is concerned that some lawyers unnecessarily repeat some of the same material in the statement of the case, the jurisdictional statement, and the statement of facts. He is also reportedly concerned that some lawyers include unnecessary procedural details that have no bearing on the appeal.  If you have any comments on this proposal, please email them to Steven Finell, Chair, Council of Appellate Lawyers Rules Committee. You can reach him at Finell [at] SFinell.com.

Hat tip to Susan Hanley Duncan, Associate Professor of Law at the Louis D. Brandeis School of Law of the University of Louisville

(mew)

Jessup Problem Authors Sought for 2012

The International Law Students Association is now seeking proposals for the 2012 Compromis from prospective authors. The ILSA Board of Directors will consider all proposals and decide the winning submission at the end of March. Proposals should contain four principal legal issues based on realistic, cutting-edge questions of international law, as well as a one-page outline of the sub-issues raised. Proposals are due to Will Patterson at [email protected] by March 1, 2011. For more information about submitting a 2012 Compromis proposal and authorial responsibilities, please click here.

(mew)

job opening in Indiana

Another law school in the Midwest, Valparaiso, is also looking for a full-time legal writing professor.  This job could either have a renewable contract or be tenure track, depending on an applicant’s experience and credentials.

If you have questions about the legal writing program, contact Professor Ruth Vance at (219) 465-7862 or [email protected].  

If you are interested in the position, contact the Chair of the Appointments Committee, Professor Bernard Trujillo, at Valparaiso University School of Law, 656 Greenwich Street, Valparaiso, Indiana 46383, [email protected] or JoEllen Lind, Professor and Associate Dean for Faculty Development at (219) 465-7861, [email protected].

1.  The position advertised may lead to successive long-term contracts of five or more years or a tenure track appointment is also possible. Valparaiso’s legal writing faculty is currently made up of tenured, tenure-track, long-term contract, and visiting professors.
2. The professor hired will be permitted to vote in faculty meetings.
3.  The school anticipates paying an annual academic year base salary in the range $60,000 - $80,000. 
4.  The number of students enrolled in each semester of the courses taught by the legal research & writing professor will be 41 - 50. 

hat tip:  Ruth Vance

(spl)

job opening in Southern Illinois

When one of your legal writing professors is elected the Lieutenant Governor of the state, eventually you do have to hire someone to fill the legal writing job on a permanent basis.  That's why we're currently searching for an LRW professor to begin next fall.  Details are available here; please direct questions to Lawyering Skills Director Sue Liemer at [email protected].

(spl)

 

Clunky Writing

In a Chronicle Review piece titled "The Elements of Clunk," Ben Yagoda contends that student writing is becoming more awkward, partly because students don't read enough edited and published prose.  Yagoda says his students do realize that certain informal expressions from texting or email are inappropriate for formal writing.  However, when they try to be formal, students end up choosing "length over brevity, [and] ornateness over simplicity." 

(jdf)

conference on engaging and assessing our students

The Institute for Law Teaching and Learning is holding a conference in New York City on June 1 -3, 2011, to focus on the topic of Engaging and Assessing Our Students.  Legal writing professors have long experience engaging and assessing students, and so have a lot of useful information to share with the rest of the legal academy.  If you are interested in sending a proposal to speak at the conference, you will find more information here.  Keep in mind that the deadline for proposals is February 15, 2011.

(spl)  

 

Examples of Good Legal Writing

 Looking for examples of good legal writing?  In its spring 2010 issue, the Green Bag published a list of "Exemplary Legal Writing" that includes court opinions, concurrences, dissents, books, and articles from 2009.  I particularly like Judge Rakoff's opinion and Lani Guinier's article, but readers may find their own favorites.  The journal's similar lists from past years are also rich sources of examples.

(jdf)

the Plain Writing Act

Irwin Berent, President of the Plain Writing Association, has completed a legislative history of the plain language movement, available here at the P.W.A.'s website.  His research reviews the legislative process that led to passage of the Plain Writing Act and also examines the failed Senate and House bills of the previous years.

Other recent projects of the P.W.A. include a comparison of each plain language bill that has been proposed in the last 4 years; a list of links to blogs and other media that covered the plain language legislation from 2007 to 2010; and an overview of efforts to promote the use of plain-English software in government.

hat tip: Irwin Berent

(spl)

Global Legal Skills Conference Proposals Due January 31

The sixth Global Legal Skills Conference will take place on May 5-7, 2011 at The John Marshall Law School in Chicago.  Persons interested in making a presentation or organizing a panel for the conference should submit  proposals to the Planning Committee by January 31, 2011, by sending it to 7wojcik[at]jmls.edu. 

You will be notified as to whether your proposal has been accepted by the middle of February.  There is no particular format for proposals.  Some proposals may be quite detailed, while others might have just the title of the proposal, a brief description (unless it is clear from the title), and contact information for presenters.  You might propose an entire panel, or just an individual presentation that we might combine with others.  Submissions are welcome on all aspects of international legal skills education, with a special (but not exclusive) focus on teaching students who speak English as a second language.  Previous conferences also included presentations on Legal Spanish, on teaching Trial Advocacy in Ireland, on legal translations, and on other aspects of international legal education.  However, most
presentations will focus on the special educational aspects of teaching students trained in other languages and other, frequently non-common law, legal traditions.  

In your proposal, please let us know how much time you will need.  Please choose 20 or 50 minutes.  Please also let us know where your proposal fits within the following categories:

1.      How to teach:  Tips for those who teach international students either here or abroad.
2.      How to do:  Tips by and for U.S. and foreign practitioners who have global practices.
3.      Curricular development:  Presentations on what schools offer, or should be offering, their foreign students.
4.      What it's all about: Lessons on law/culture/practice in other countries.
5.      Developing Materials:  Ideas on developing materials for class. 
6.      Other:  Anything that does not fit within the other categories.

Please send any questions to Mark Wojcik by email at mwojcik[at]jmls.edu or intlawprof[at]gmail.com. 

(mew)

favorite law library websites for law student resources

A couple of months ago, Ursula Wiegold, at the University of Wisconsin, polled LRW professors to find out our favorite websites to send law students to for law library resources.  These websites were the favorites:

http://www.law.berkeley.edu/library.htm
(legal research guides)

http://library.lawschool.cornell.edu/WhatWeDo/ResearchGuides/index.cfm
(research guides and legal research search engine)

http://drakelaw.libguides.com/cat.php?cid=16785
(general and subject-specific research guides--recent and ongoing updates)

http://library.law.emory.edu/for-law-students/emory-law-subject-guides/
(law subject guides)

http://www.washlaw.edu/
(research links for individual state materials)

hat tip:  Ursula Weigold

(spl)

What skills and values do practitioners most value?

In 2005, Stephen Gerst (Phoenix) and Gerald Hess (Gonzaga) conducted a survey of Arizona lawyers in a broad range of practices to determine which lawyering skills and values they most valued. Based on the responses of 175 lawyers, here are the results.  To save you the suspense, the first three are exactly what we teach in LRW class. 

hat tip:  Nolan Wright

(spl)

nominations sought for Burton Awards

The Burton Awards for Legal Achievement recognize excellence in legal writing. For the past seven years, the Burton Awards have included an award for Outstanding Contributions to Legal Writing Education.

The award is given annually to an individual or group that has made an outstanding contribution to the education of lawyers in the field of legal analysis, research, and writing, whether through teaching, program design, program support, innovative thinking, or writing.

The contributions considered may be significant single achievements or the accumulated achievements of a career. The previous recipients have been Dean Kent Syverud of Vanderbilt, Dean Darby Dickerson of Stetson, Professor Ralph Brill of Chicago-Kent, Professor Laurel Oates of Seattle University, Professor Mary Beth Beazley of Ohio State, Professor Richard Neumann of Hofstra, and, last year, Professor Helene Shapo of Northwestern.

Nominations are now being accepted for the Outstanding Contributions to Legal Writing Education Award. Nominations should describe the contributions of the nominee and should be forwarded to one of the selection committee members by e-mail: Anne Kringel, [email protected]; Grace Tonner, [email protected]; or Nancy Schultz, [email protected]. 　

Nominations are due by February 12, 2011. 　

hat tip: Anne Kringel 

(spl) 

 

One-Spacers vs. Two-Spacers

A fierce Internet debate is raging about whether writers should insert one space or two between sentences.  While the discussion gives new meaning to Seinfeld's catch phrase “a show about nothing,” it has aroused strong feelings on both sides.  Farhad Manjoo’s vehement argument for one space on slate.com has generated 2144 comments as of this posting.  Manjoo argues that the two-space practice is archaic, a hangover from the monospaced fonts of typewriter days, and that current style guides prescribe a single space.  Proponents of the two-space approach say it enhances readability. 

Two major style manuals on legal writing adhere to the one-space approach.  See Matthew Butterick’s Typography for Lawyers at 41 and Bryan Garner’s Redbook Rule 4.12.

When the subject came up recently in my legal writing class, the students were almost evenly divided on the topic, and many were firmly entrenched in their views.  I told them I’ll accept either practice. 

If the computer doesn’t tamper with my spacing, readers of this post will see that I still favor the two-space approach for my own writing.

(jdf)

ALWD Scholars Workshop

Every year, the Association of Legal Writing Directors funds writing workshops for legal writing professors, in conjunction with regional legal writing conferences held throughout the U.S.  The next such ALWD-funded opportunity for scholars in the field of legal writing to assist each other with works-in-progress will take place on Sunday, March 27 in Las Vegas, in conjunction with the Rocky Mountain Legal Writing conference.  The workshop will run from 9:30 a.m. to 3 p.m. and include a continental breakfast and a box lunch.

Participants will work in groups of 6-8. Each participant will read and comment on each paper in the group. Forty-five minutes will be allotted for each paper.  The moderators/mentors will be Linda Edwards, Judy Stinson and Terry Pollman.  Your paper can be in the early stages of development or nearly ready for publication. The topic does not have to be related to legal writing. Outlines are acceptable, but should be in enough detail to make the process worthwhile for participants.

If you are accepted as a participant your draft will be due by Friday, March 11, electronically to  [email protected].  To apply, you need to send an e-mail with one paragraph describing your wish to participate, the topic of your paper, and the stage of development you expect the paper to be in on March 11.  Applications are due on February 14.

This workshop has been described as "what you thought your life would be like when you decided to be a professor -- sitting around drinking coffee and talking about ideas."  If you have a work-in-progress, it is a great way to make progress towards publication.  BTW, the money to support these workshops comes directly from sales of the ALWD Citation Manual.

hat tip:  Terry Pollman

(spl)

 

summer research grants for legal writing professors

 

The Association of Legal Writing Directors (ALWD) and the Legal Writing Institute (LWI) have announced the Legal Writing Scholarship Grants for teachers of legal research and writing for 2011.

Each year, ALWD & LSI award several research grants to legal research and writing teachers, to enable them to spend the summer exploring scholarly ideas of interest to them and to produce scholarship that will assist others in the field. In the past, the grants have varied from $2000 to $5000. Papers supported by these grants may will be guaranteed a presentation slot at either the bi-ennial ALWD or LWI conference. Royalties from the ALWD Citation Manual are the primary source of ALWD funding each year.   

Mentors are available to assist applicants; the mentors are not involved in awarding the grants. Application mentors for the 2011 application process are: Christine Venter (Notre Dame); Julie Oseid (St. Thomas); Aida Alaka (Washburn); and Sarah Ricks (Rutgers-Camden). If you would like mentoring on applying for a grant, please contact Sarah Ricks, [email protected].

The Legal Writing Scholarship Grants are available to both full-time and adjunct teachers of legal writing and research. Applications must be received by 5 p.m. East Coast Time on February 7, 2011, at: [email protected].

(spl)

 

 

Yes, Punctuation Rules Do Exist

Are commas just “personal things”?  Diane Kraft of the University of Kentucky rebuts that common but erroneous belief in the November 2010 issue of the Kentucky Bench & Bar magazine.  Explaining that English punctuation does follow rules, she lists ten of them.  Her short article provides a quick, helpful brush-up on common punctuation problems.

 

(jdf)

 

Global Legal Skills Conference in Chicago

The sixth Global Legal Skills Conference will take place on May 5-7, 2011 at The John Marshall Law School in Chicago.  Persons interested in making a presentation or organizing a panel for the conference should submit  proposals to the Planning Committee by January 31, 2011, by sending it to 7wojcik[at]jmls.edu. 

You will be notified as to whether your proposal has been accepted by the middle of February.  There is no particular format for proposals.  Some proposals may be quite detailed, while others might have just the title of the proposal, a brief description (unless it is clear from the title), and contact information for presenters.  You might propose an entire panel, or just an individual presentation that we might combine with others.  Submissions are welcome on all aspects of international legal skills education, with a special (but not exclusive) focus on teaching students who speak English as a second language.  Previous conferences also included presentations on Legal Spanish, on teaching Trial Advocacy in Ireland, on legal translations, and on other aspects of international legal education.  However, most
presentations will focus on the special educational aspects of teaching students trained in other languages and other, frequently non-common law, legal traditions.  

In your proposal, please let us know how much time you will need.  Please choose 20 or 50 minutes.  Please also let us know where your proposal fits within the following categories:

1.      How to teach:  Tips for those who teach international students either here or abroad.
2.      How to do:  Tips by and for U.S. and foreign practitioners who have global practices.
3.      Curricular development:  Presentations on what schools offer, or should be offering, their foreign students.
4.      What it's all about: Lessons on law/culture/practice in other countries.
5.      Developing Materials:  Ideas on developing materials for class. 
6.      Other:  Anything that does not fit within the other categories.

Please send any questions to Mark Wojcik by email at mwojcik[at]jmls.edu or intlawprof[at]gmail.com. 

(mew)

Deadline is Friday for Proposals for the Southeast Regional Writing Conference

The Southeast Regional Legal Writing Conference has issued a call for proposals for its conference on April 15-16, 2011 in Macon, Georgia.  The conference theme will be “Opening the Lens:  Re-Visions in Legal Writing Teaching, Theory, & Practice.”  The deadline for conference proposals is January 21, 2011.

The conference intends to focus on interdisciplinary approaches that enrich understanding of legal interpretation and composition and highlight the ways in which legal writing teachers integrate theory and practice.  Proposals may draw on interdisciplinary perspectives or emphasize new ways to bring together theory and practice in legal writing teaching, scholarship, and service.  The Program Committee encourages proposals for 25-minute individual presentations or panel discussions but anticipates that there will also be a few 55-minute slots. 

Proposals must be submitted by email to Jennifer Sheppard, Program Committee Co-Chair, at Sheppard_jl [at] law.mercer.edu.  The deadline to submit proposals is January 21, 2011. Please include the following in the proposal submission:

1. Title of proposed presentation or panel.
2. Brief description of proposed presentation or panel.
3. Time needed for presentation (25 minutes or 55 minutes).
4. Technology needs for your presentation (please describe).
5. Contact information:

• Name(s) and title(s) of presenter(s)
• Institution(s)
• Email address(es)
• Mailing address(es)
• Telephone number(s)                                      

Hat tips to Jennifer Sheppard and Karen J. Sneddon

(mew)

words that should be banned

What words should be banned?  Well, politically related (e.g., refudiate) and technology-related (e.g., viral) words top the 2011 list.  Thanks to Lake Superior State University for its annual compilation!

(njs)

LRW Posters at the AALS Annual Meeting

   



 
The Section on Legal Writing, Reasoning and Research sponsored four posters at this year’s AALS Annual Meeting in San Francisco.  Here, viewers look at (from left) “Got Issues? An Empirical Study about Framing Them” (my poster); “How the 1L Legal Analysis & Writing Course Can Bring the ‘Real-World’ of Law Practice to the Classroom,” by Nicole Chong of Pennsylvania State; “Beyond Etiquette: Bringing E-Communication into the LRW Classroom,” by Elena Margolis and Kristen Murray of Temple; and “The 1-L Journaling Project,” by Jeffrey Proske of McGeorge.

Posters remained up throughout the conference, and presenters were assigned a specific time to be available for questions.  Below are closer views of the last two posters listed above.

 
 
Poster presentations have recently become common at academic conferences.  After the first AALS poster display in 2006, I wrote up some suggestions about poster design and logistics for future presenters.  See page 4 of the Spring 2006 Section Newsletter.  Since then, I have switched to creating posters with PowerPoint instead of Microsoft Publisher, but the piece's other suggestions still apply.

(jdf)