VIII. Exam Writing
Exam writing is typically addressed by academic support professionals. The skills necessary to good exam writing are similar to what is required for good legal writing generally. Accordingly, an increasing number of authors include exam-writing tips and strategies.
Books
Gertrude Block, Effective Legal Writing: For Law Students and Lawyers 257 (5th ed., Found. Press 1999).
Charles R. Calleros, Legal Method and Writing 147 (5th ed., Aspen Publishers 2006).
Suzanne Darrow-Kleinhaus, Mastering the Law School Exam: A Practical Blueprint for Preparing and Taking Law School Exams (Thomson West 2007).
Cathy Glaser, Jethro K. Lieberman, Robert A. Ruescher, & Lynn Boepple Su, The Lawyer’s Craft: An Introduction to Legal Analysis, Writing, Research, and Advocacy 293 (Anderson Publg. Co. 2002).
Michael D. Murray & Christy Hallam DeSanctis, Legal Research and Writing 677 (Found. Press 2005).
Richard Neumann, Legal Reasoning and Legal Writing: Structure, Strategy and Style 291 (5th ed., Aspen Publishers 2005).
Richard Michael Fischl & Jeremy R. Paul, Getting to Maybe: How to Excel on Law School Exams (Carolina Academic Press 1999).
Herbert N. Ramy, Succeeding in Law School (Carolina Academic Press 2006).
Articles
Adam G. Todd, Exam Writing as Legal Writing: Teaching and Critiquing Law School Examination Discourse, 76 Temp. L. Rev. 69 (2003). The author discusses the pedagogical and practical reasons to incorporate exam writing in the traditional legal writing course.
IX. Judicial Opinion Writing
Writers of judicial opinions (students, clerks, and judges) must consider audience, structure, content, and rhetorical strategies, among other considerations, when drafting clear judicial opinions. Accordingly, judicial opinions warrant separate consideration in the discussion of legal writing. Handbooks for judges, books, articles, and Internet resources offer guidelines for students of judicial opinion writing.
Books
Ruggero J. Aldisert, Opinion Writing (West Publg. Co. 1990).
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 337 (Found. Press 2004).
Bryan A. Garner, The Redbook: A Manual of Legal Style 435 (2d ed., Thomson West 2006).
Joyce J. George, Judicial Opinion Writing Handbook (4th ed., W.S. Hein & Co. 2000).
Articles
Richard B. Cappalli, Improving Appellate Opinions, 83 Judicature 286 (May/June 2000). The author identifies some problems in judicial opinion writing such as overly broad holdings, rules without reasons, and the like and argues that judges should write to their audience: “the world of future lawyers and judges who, as part of their daily professional work, have to know what rights and duties are imposed by law.” Noting that decisions have long-term ramifications that go beyond the decision of the particular dispute, the author offers suggestions for creating effective precedent.
Walker Gibson, Literary Minds and Judicial Style, 36 N.Y.U. L. Rev. 915 (1961). The author, a professor of English, notes that certain terms and attitudes 146 Journal of the Association of Legal Writing Directors Vol. 5 familiar to students of literature and language can be useful to legal writers. Composing good judicial opinions is no different from composing any kind of good writing. The author emphasizes the importance of recognizing the audience.
Thomas Gibbs Gee, A Few of Wisdom’s Idiosyncrasies and a Few of Ignorance’s: A Judicial Style Sheet, 1 Scribes J. Leg. Writing 55 (1990). The author provides a style sheet as a tool for briefing clerks in their drafting of memoranda and proposed opinions. The author lists what he does and does not like to see in legal writing.
Joseph Kimble, The Straight Skinny on Better Judicial Opinions, in Joseph Kimble, Lifting the Fog of Legalese: Essays on Plain Language 15 (Carolina Academic Press 2006). By using a simple testing method in which lawyers were asked to read two versions of the same judicial opinion and decide which was better, the author identifies what readers look for in well crafted judicial opinions: conciseness and good summaries at the beginning of an opinion.
Robert A. Leflar, Quality in Judicial Opinions, 3 Pace L. Rev. 579 (1983). The author uses judicial opinions to demonstrate quality judicial writing, and he analyzes problems inherent in judicial opinion writing.
Robert A. Leflar, Honest Judicial Opinions, 74 Nw. U. L. Rev. 721 (1979). The author advocates intellectual honesty in judicial opinion writing. The real reasons (moral, social, economic, political) for breaking new ground or overturning existing law, if extant, should be enunciated in judicial opinions.
David McGowan, Judicial Writing and the Ethics of the Judicial Office, 14 Geo. J. Leg. Ethics 509 (2001). Ethical judges must write judicial opinions free of their own biases and personal feelings about a case. The author proposes the adoption of rules to guide the writing of judicial opinions to promote a “party-centered model of judging.”
Patricia M. Wald, The Rhetoric of Results and the Results of Rhetoric: Judicial Writings, 62 U. Chi. L. Rev. 1371 (1995). The author, judge of the United States Court of Appeals for the District of Columbia Circuit, discusses the need for written opinions and the process of writing one.
Nancy A. Wanderer, Writing Better Opinions: Communicating with Candor, Clarity, and Style, 54 Me. L. Rev. 47 (2002). The author reviews the elements of judicial opinions and urges judges to keep their audience in mind when crafting judicial opinions that are clear and concise. A discussion of the proper use of tone (and the place, if any, that humor has in judicial opinions) is also included.
Internet Resources
Gerald Lebovits, Ethical Judicial Opinion Writing (bepress Legal Series, Working Paper 1743, Sept. 11, 2006) (available at http://law.bepress.com/ expresso/eps/1743). The role judicial opinions play goes beyond establishing precedent. They are teaching tools and guides for the future. Accordingly, to be ethical, judges must live up to high moral standards. Maintaining such standards improves the judiciary, the legal profession, and the public’s perception of the legal profession.
William D. Popkin, The Dynamic Judicial Opinion (Issues in Leg. Scholarship, Dynamic Statutory Interpretation, art. 7, 2002) (available at http://www.bepress .com/ils/iss3/art7). The author discusses both the substance and style of judicial opinion writing, referring to Judge Posner’s judicial style as an example of how a judge might write a dynamic judicial opinion.
X. Jury Instructions & Verdict Forms
Jury instructions are useful pedagogical tools for teaching the substantive law and good drafting skills. Forms, while problematic, can be instructive.
Books
Mary Barnard Ray, The Basics of Legal Writing 288 (Thomson West 2006).
Mary Barnard Ray & Barbara J. Cox, Beyond the Basics, A Text for Advanced Legal Writing 54 (2d ed., Thomson West 2003).
Nancy L. Schultz & Louis J. Sirico, Legal Writing and Other Lawyering Skills 289 (4th ed., LexisNexis 2004).
Carol Ann Wilson, Plain Language Pleadings 172 (Prentice Hall 1996).
Articles
Robert E. Keeton, Teaching Torts Through Exercises on Drafting Verdict Forms, 45 St. Louis U. L.J. 779 (2001). The author, a trial judge, proposes the use of verdict forms for teaching students unsettled areas of law.
Joseph Kimble, How to Mangle Court Rules and Jury Instructions, 8 Scribes J. Leg. Writing 39 (2001-2002). The author urges drafters of jury instructions to avoid the pitfalls of poor drafting in adopting new jury instructions and court rules and discusses ten pitfalls to avoid. This essay also appears in Joseph Kimble, Lifting the Fog of Legalese: Essays on Plain Language (Carolina Academic Press 2006).
Joseph Kimble, The Route to Clear Jury Instructions, 78 Mich. B.J. 1406 (Dec. 1999). The author offers guidelines for writing plain and concise jury instructions. This essay also appears in 6 Scribes J. Leg. Writing 163 (1996-1997).
Richard W. Stevens, To Teach Plain English Techniques, Use Jury Instructions, 2 Thomas M. Cooley J. Prac. & Clin. L. 177 (1998). The author demonstrates how to teach plain English by using pattern jury instructions as writing exercises.
XI. Legislation
Poorly drafted legislation relies on archaic and convoluted language which 148 Journal of the Association of Legal Writing Directors Vol. 5 creates ambiguities and, consequently, litigation. Good legislative drafting requires a clear understanding of the drafter’s intent, and the ability to draft clear prose using appropriate language and principles of division and sequencing.
Books
Susan L. Brody, Jane Rutherford, Laurel A. Vietzen & John G. Dernbach, Legal Drafting (Little, Brown & Co. 1994).
Barbara Child, Drafting Legal Documents: Principles and Practices 175 (2d ed., West Publg. Co. 1992).
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 415 (Found. Press 2004).
Thomas R. Haggard & George W. Kuney, Legal Drafting: Process, Techniques, and Exercises 49 (2d ed., Thomson West 2007).
Robert J. Martineau & Michael B. Salerno, Legal, Legislative and Rule Drafting in Plain English (Thomson West 2005).
Mary Barnard Ray & Barbara Cox, Beyond the Basics, A Text for Advanced Legal Writing 22 (2d ed., Thomson West 2003).
Mary Barnard Ray, The Basics of Legal Writing 284 (Thomson West 2006). Steven D. Stark, Writing to Win: The Legal Writer, The Complete Guide to Writing Strategies that Will Make Your Case – and Win It 248 (Broadway Books 2000).
Articles
Albert P. Blaustein, Constitution Drafting, The Good, the Bad and the Beautiful, 2 Scribes J. Leg. Writing 49 (1991). The author discusses the dangers inherent in poor Constitution drafting and its serious implications for society. Examples are included.
Peter Butt, Modern Legal Drafting, 23 Stat. L. R. 12 (May 2002). The author argues that legal documents, whether contracts, deeds or statutes, should be drafted in modern English without sacrificing precision. The result is a document which serves the needs of both lawyers and non-lawyers.
Elizabeth Fajans, Learning From Experience: Adding a Practicum to a Doctrinal Course, 12 Leg. Writing 215 (2007). The author discusses the addition of a writing practicum to an administrative law class in which students in the doctrinal class propose legislation that the practicum students draft with the hope of “expos[ing] a large number of students to the challenges of rulemaking prose.”
Brian Hunt, Plain Language in Legislative Drafting: An Achievable Objective or a Laudable Ideal? 24 Stat. L. Rev. 112 (July 2003). While plain language, when used appropriately, is an effective tool, it is not always suitable in legislative drafting. Plain language should be used if it does not alter meaning and create ambiguity in the legislation. The author presents an alternative to plain language legislative drafting: providing high quality explanatory materials using plain language techniques.
Robert J. Hopperton, Teaching Legislative Drafting in Law School: A Model Course, 19 Duq. L. Rev. 43, 43-68 (1980). The author calls for professionalizing legislative drafting as a realistic goal. A model for an upper-level course in legislative drafting, offering students a foundation in drafting fundamental skills, is proposed.
Joseph Kimble, How to Write an Impeachment Order, in Lifting the Fog of Legalese: Essays on Plain Language 125 (Carolina Academic Press 2006). The author examines the impeachment order issued by the United States Senate in the Clinton impeachment trial and offers an alternative approach to drafting that is simpler and devoid of legalese.
Joseph Kimble, Lessons in Drafting from the New Federal Rules of Civil Procedure (pts. 1-5), 86 Mich. B.J. 62 (Aug. 2007), 86 Mich. B.J. 48 (Sept. 2007), 86 Mich. B.J. 44 (Oct. 2007), 86 Mich. B.J. 46 (Nov. 2007), 86 Mich. B.J. 50 (Dec. 2007). The author compares the old Federal Rules of Civil Procedure with the “restyled” Federal Rules, noting the dramatic difference between them in the use of sequencing, lists, and language. Useful charts displaying the old version alongside the new versions are particularly instructive.
Joseph Kimble, A Crack at Federal Drafting, 10 Scribes J. Leg. Writing 67 (2005-2006). The author analyzes the Patriot Act to highlight what is wrong with federal drafting and suggests an alternative version. This essay also appears in Lifting the Fog of Legalese: Essays on Plain Language 125 (Carolina Academic Press 2006).
Lance W. Rook, Laying Down the Law: Canons for Drafting Complex Legislation, 72 Or. L. Rev. 663 (1993). Recognizing that sometimes-complex legislative drafting is necessary to achieve a particular Congressional goal, the author suggests various canons of construction to improve understanding of such legislation. Issues such as drafting a preamble, the use of headings, managing length, incorporating complex provisions such as mathematical computations, and cross-referencing are addressed.
Barry Jeffrey Stern, Teaching Legislative Drafting: A Simulation Approach, 38 J. Leg. Educ. 391 (1988). The author lays out the structure of a course in legislative drafting that attempts to duplicate the statutory drafting process by requiring students to research, draft, revise, and present statutes as if they were employed as an attorney by a drafting agency or legislative aide. A detailed simulation exercise is provided. 150 Journal of the Association of Legal Writing Directors Vol. 5
XII. Letters
Communicating effectively is essential to good lawyering. Attorneys who draft clear correspondence to clients, opposing counsel, and the courts (to name but a few) will be most effective in honing their reputations and serving their client’s needs.
Books
Deborah E. Bouchoux, Aspen Handbook for Legal Writers: A Practical Reference 121 (Aspen Publishers 2004).
Charles R. Calleros, Legal Method and Writing (5th ed., Aspen Publishers 2006).
Linda H. Edwards, Legal Writing and Analysis 143 (2d ed., Aspen Publishers 2007).
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 215 (Found. Press 2004).
Bryan A. Garner, The Redbook: A Manual of Legal Style 353 (2d ed., Thomson West 2006).
Margaret Z. Johns, Professional Writing for Lawyers, Skills and Responsibilities 41, 71 (Carolina Academic Press 1998).
Michael D. Murray & Christy Hallam DeSanctis, Legal Research and Writing 95 (Found. Press 2005).
Mary Barnard Ray & Barbara J. Cox, Beyond the Basics, A Text for Advanced Legal Writing 312 (2d ed., Thomson West 2003).
Richard K. Neumann, Legal Reasoning and Legal Writing: Structure, Strategy, and Style 279 (5th ed., Aspen Publishers 2005).
Laurel Currie Oates & Anne Enquist, The Legal Writing Handbook: Analysis, Research and Writing 351 (4th ed., Aspen Publishers 2006).
Mary Barnard Ray, The Basics of Legal Writing 249 (Thomson West 2006).
Nancy L. Schultz & Louis J. Sirico, Legal Writing and Other Lawyering Skills 193 (4th ed., LexisNexis 2004).
Helene S. Shapo, Marilyn R. Walter & Elizabeth Fajans, Writing and Analysis in the Law 319 (5th ed., Found. Press 2008).
Robin S. Wellford Slocum, Legal Reasoning, Writing, and Persuasive Argument 299, 511 ( 2d ed., LexisNexis 2006).
Steven D. Stark, Writing to Win: The Legal Writer, The Complete Guide to Writing Strategies that Will Make Your Case – and Win It 236 (Broadway Books 2000).
Melissa H. Weresh, Legal Writing: Ethical and Professional Consideration 34, 56 (LexisNexis 2006).
Articles
Susan L. DeJarnatt, In re MacCrate: Using Consumer Bankruptcy as a Context for Leaning in Advanced Legal Writing, 50 J. Leg. Educ. 50 (2000). The author describes a course that afforded students the opportunity to hone their lawyering skills, including communicating effectively to the client and others, in the context of a specific area of law. By using consumer bankruptcy as the substantive context for the course, the author hoped to “[teach] writing through the substance of consumer bankruptcy and [teach] consumer bankruptcy through writing about it.”
Darby Dickerson, Writing Opposing Counsel, 84 Ill. B.J. 527 (Oct. 1996). Frequently, letters to opposing counsel are drafted in haste or without much thought. The author offers practical suggestions for drafting well-crafted letters to opposing counsel.
Wayne Schiess, Writing for Your Audience: The Client, 81 Mich. B.J. 50 (June 2002). The author addresses three typical characteristics of legal language that appear too often in client letters: legalisms, legal citation, and excessive formality. A sample excerpt from a client letter with a suggested revision is included.
XIII. Motions
Motions require the drafting of several documents. Drafters can benefit from formbooks but should use them cautiously, being sure to adapt forms to the particular needs of the case. Different motions require different considerations, yet common to them all is the need to draw the court’s attention to the issue at hand.
Books
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 93 (Found. Press 2004).
Bryan A. Garner, The Redbook: A Manual of Legal Style 391 (2d ed., Thomson West 2006).
Margaret Z. Johns, Professional Writing for Lawyers, Skills and Responsibilities 127 (Carolina Academic Press 1998).
Michael D. Murray & Christy Hallam DeSanctis, Legal Research and Writing 367 (Found. Press 2005).
Mary Barnard Ray & Barbara Cox, Beyond the Basics, A Text for Advanced Legal Writing 273 (2d ed., Thomson West 2003).
Nancy L. Schultz & Louis J. Sirico, Legal Writing and Other Lawyering Skills 152 Journal of the Association of Legal Writing Directors Vol. 5 283 (4th ed., LexisNexis 2004).
Carol Ann Wilson, Plain Language Pleadings 131, 150 (Prentice Hall 1995).
Articles
David L. Lee, Summary Judgment: The Intersection of Legal Writing & Trial Practice, 12 CBA Rec. 16 (Apr. 1998). The author presents advice for the practitioner for drafting summary judgment motions.
Wayne Schiess, The Bold Synopsis: A Way to Improve Your Motions, 63 Tex. B.J. 1030 (2000). Recognizing that judges do not always read motions, the author recommends using the bold synopsis at the beginning of the motion to grab the court’s attention. Samples of motion papers with and without the bold synopsis are included.
Wayne Schiess, How to Write for Trial Judges, 13 Prac. Litig. 41 (July 2002). The author presents general guidelines for writing for trial judges: put a summary up front; organize overtly; and be honest.
Wayne Schiess, Plain Language: Writing to the Trial Judge: Part One — For Motions, 83 Mich. B.J. 54 (Jan. 2004). The author provides three suggestions for affidavits that garner the court’s attention: the bold synopsis, headings, and honesty.
XIV. Pleadings
While pleadings tend to be formulaic, drafters of pleadings are challenged to avoid archaic language and create pleadings that serve their client’s needs. Forms are instructive, yet should be adapted to each unique case.
Books
Deborah E. Bouchoux, Aspen Handbook for Legal Writers: A Practical Reference 178 (Aspen Publishers 2004).
Susan L. Brody, Jane Rutherford, Laurel A. Vietzen & John G. Dernbach, Legal Drafting (Little, Brown & Co. 1994).
Charles R. Calleros, Legal Method and Writing (5th ed., Aspen Publishers 2006).
Barbara Child, Drafting Legal Documents: Principles and Practices 10, 85 (2d ed., West Publg. Co. 1992).
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 31, 65 (Found. Press 2004).
Margaret Z. Johns, Professional Writing for Lawyers, Skills and Responsibilities 83 (Carolina Academic Press 1998).
Bryan A. Garner, The Redbook: A Manual of Legal Style 383 (2d ed., Thomson West 2006).
Mary Barnard Ray, The Basics of Legal Writing 274 (Thomson West 2006).
Mary Barnard Ray & Barbara Cox, Beyond the Basics, A Text for Advanced Legal Writing 248 (2d ed., Thomson West 2003). Nancy L. Schultz & Louis J. Sirico, Legal Writing and Other Lawyering Skill, 247 (4th ed., LexisNexis 2004).
Steven D. Stark, Writing to Win: The Legal Writer, The Complete Guide to Writing Strategies that Will Make Your Case — and Win It 168 (Broadway Books 2000).
Melissa H. Weresh, Legal Writing: Ethical and Professional Considerations 79 (LexisNexis 2006).
Carol Ann Wilson, Plain Language Pleadings 69, 93-109 (Prentice Hall 1996).
Articles
Herbert A. Eastman, Speaking Truth to Power: The Language of Civil Rights Litigators, 104 Yale L.J. 763 (1995). Civil rights litigation requires more from pleadings than just a “thin coat” of facts. Often the richness of the facts, and the drama of the events, get lost in the pleading stage. Plain writing in civil rights litigation need not be “artless.” Such pleadings, the author proposes, can be augmented by using literary techniques to improve the overall persuasiveness of the pleadings.
Seward P. Reese, An Exercise In Drafting of Pleadings, 4 J. Leg. Educ. 337 (1952). The author describes a pleading exercise which takes students from the first stages of drafting through its completion.
Shelly Rice Weinberg, Bringing Pleadings into the Modern Age, 84 Ill. B.J. 643 (1996). This brief article challenges attorneys to question the use of archaic language in drafting pleadings and gives practical suggestions for avoiding “magic language that has long since lost its magic.”
XV. Scholarly Writing
Techniques and suggestions for producing well-crafted legal scholarship are addressed in several books and articles. Recommendations on how to select topics and improve organization and writing are provided.
Books
Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students: Seminar Papers, Law Review Notes and Law Review Competition Papers (3d ed., Thomson West 2005).
Mary Barnard Ray & Barbara Cox, Beyond the Basics, A Text for Advanced Legal Writing 406 (2d ed., Thomson West 2003). 154 Journal of the Association of Legal Writing Directors Vol. 5
Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (Found. Press 2003).
Articles
Mary Beth Beazley & Linda H. Edwards, The Process and the Product: A Bibliography of Scholarship About Legal Scholarship, 49 Mercer L. Rev. 741 (1998). This is a bibliography of scholarship on legal scholarship.
Christian C. Day, In Search of the Read Footnote: Techniques for Writing Legal Scholarship and Having it Published, 6 Leg. Writing, 229 (2000). The author compiles a “nuts and bolts” list of techniques and suggestions for producing scholarship. The recommendations are instructive for students engaged in scholarly writing in either a journal or seminar.
Richard Delgado, How to Write a Law Review Article, 20 U.S.F. L. Rev. 445 (1986). Fundamental questions frequently arise when authors contemplate writing a law review article such as why write, how to choose a topic, how to effectively implement research strategies, etc. This article addresses some of those concerns.
Darby Dickerson, The Publication Process: Citation Frustrations — And Solutions, 30 Stetson L. Rev. 477 (2000). Frequently law review editors and their staff express frustration at handling various “cite and source projects” more effectively. Solutions in training, preparing written guidelines, and improving communication with authors are provided. An Appendix contains step-by step guidelines, detailed Sample Cite and Source Guidelines that law journals can use when training staff members, and an evaluation form that editors could use when reviewing a staff member’s cite and source project.
Claire R. Kelly, An Evolutionary Endeavor: Teaching Scholarly Writing to Law Students, 12 Leg. Writing. 285 (2006). The author describes her class on scholarly writing and how it can be used as a model to teach a doctrinal seminar.
XVI. Settlement Agreements
Settlement agreements ensure that negotiated settlements are carried out and meet the parties’ expectations. Pitfalls can be avoided with artful drafting.
Books
Nancy L. Schultz & Louis J. Sirico, Legal Writing and Other Lawyering Skills 239 (4th ed., LexisNexis 2004).
Articles
Robert J. Stumpf, Jr., Drafting Settlement Agreements: Ask Yourself These Questions, 62 Tex. B.J. 125 (1999). A litigation attorney identifies twelve pitfalls, and how to avoid them, in drafting settlement agreements.
Miscellaneous
The articles listed here recognize that both law schools and practitioners should address the need to teach lawyering skills that go beyond writing the objective memorandum and brief. Because these articles do not fall neatly into any of the categories listed above, they are listed separately. There is no shortage of articles calling for improving lawyering skills across the board, and these are but a few examples.
Matthew J. Arnold, The Lack of Basic Writing Skills and Its Impact on the Legal Profession, 24 Cap. U. L. Rev. 227 (1995). Writing skills are essential to good lawyering and members of the legal profession would be best served by improving their skills. Practical remedies for improving writing skills are offered.
Lissa Griffin, Teaching Upperclass Writing: Everything You Always Wanted to Know But Were Afraid to Ask, 34 Gonz. L. Rev. 45 (1998-1999). The author proposes a syllabus for upper-class writing courses to create a uniform and high quality upper-class writing experience.
Andrea McArdle, Teaching Writing in Clinical, Lawyering, and Legal Writing Courses: Negotiating Professional and Personal Voice, 12 Clin. L. Rev. 501 (2006). Law students need to develop their professional voice while preserving their own. This article suggests how to help students achieve this.
Stephen Nathanson, Designing Problems to Teach Legal Problem Solving, 34 Cal. W. L. Rev. 325 (1998). The author discusses the elements that go into creating good problems necessary to teaching students how to become good problem solvers. One example is provided.
David S. Romantz, The Truth About Cats and Dogs: Legal Writing Courses and the Law School Curriculum, 52 U. Kan. L. Rev. 105 (2003). There are fundamental differences between legal writing courses and doctrinal courses. While different in their pedagogy, both legal writing and doctrinal courses contribute to the development of critical thinking skills so important to the legal professional.
Lucia Ann Silecchia, Legal Skills Training in the First Year of Law School: Research? Writing? Analysis? Or More? 100 Dick. L. Rev. 245 (1996). The author advocates that legal writing courses should go beyond the objective office memorandum and appellate brief model to introduce students to a “broader range of skills than does the traditional office memo/appellate brief format.”