Legal Communication & Rhetoric: JALWD

Archives

Below are Volumes 1 through 8 of J.ALWD (now LC&R: JALWD). Please click on the inside tab to see the titles of the articles within a particular issue: the titles are linked to the online full text or to PDF files that may be downloaded.

 

  • Volume 8
  • Inside

Fall 2011

JALWD Fall 2011 ~ Metaphor & Narrative This volume represents the inaugural appearance of the journal under its new name — Legal Communication & Rhetoric: JALWD. Like the volumes before it, the articles in this issue reflect the journal’s mission to be a forum where legal practitioners and law professors converse and share scholarship and ideas that have enlightened their experience with the language of law. The ten articles in this issue range from a discussion of how a client’s personal story inspires scholarship to an examination of how the plain-meaning approach can be broadened (and complicated) by our common, “stock” understanding of a particular term’s meaning. Other articles discuss public speaking beyond the courtroom, rigor in legal writing, legal analysis paradigms, checklists in lawyering practice, empathy in practice and law-school curricula, gaps in research curricula, and recommended sources for judicial opinion writing.

Fall 2011

Preface

articles & essays

Linguistic Hooks: Overcoming Adverse Cognitive Stock Structures in Statutory Interpretation
Michael R. Smith

The Power of Rigor: James Madison as a Persuasive Writer
Thomas C. Berg, Julie A. Oseid & Joseph A. Orrino

Attorneys at the Podium: A Plain-Language Approach to Using the Rhetorical Situation in Public Speaking Outside the Courtroom
Jason K. Cohen

The Legal Writer's Checklist Manifesto: Book Review
Jennifer Murphy Romig

Thinking like Nonlawyers: Why Empathy Is a Core Lawyering Skill and Why Legal Education Should Change to Reflect its Importance
Ian Gallacher

Think (and Practice) like a Lawyer: Legal Research for the New Millennials
Aliza B. Kaplan & Kathleen Darvil

Experiential Learning in the First-Year Curriculum: The Public-Interest Partnership
Nantiya Ruan

Rule Synthesis and Explanatory Synthesis: A Socratic Dialogue Between IREAC and TREAT
Michael D. Murray

Judicial Clerkships: A Bibliography
Mary Dunnewold, Beth Honetschlager, & Brenda Tofte

Essay: The Moral of the Story -- The Power of Narrative to Inspire and Sustain Scholarship
Amy Vorenberg

 

  • Volume 7
  • Inside

Fall 2010 ~ Metaphor & Narrative

JALWD Fall 2010 ~ Metaphor & NarrativeIn this issue, our authors show how better understanding of metaphor and story can help lawyers become more discerning as legal readers and more effective and persuasive as legal writers. Volume 7 includes twelve articles on subjects ranging from readers’ reactions to persuasive storytelling in briefs to analysis of the rhetorical effects of oral argument questioning by the U.S. Supreme Court.

Fall 2010 ~ Metaphor & Narrative

Preface

articles & essays

Judging by the Numbers: An Empirical Study of the Power of Story
Kenneth D. Chestek

Storytelling Across the Curriculum: From Margin to Center, From Clinic to the Classroom
Carolyn Grose

Was Colonel Sanders a Terrorist? An Essay on the Ethical Limits of Applied Legal Storytelling
Steven J. Johansen

Telling Through Type: Typography and Narrative in Legal Briefs
Derek H. Kiernan-Johnson

The Power of Metaphor: Thomas Jefferson's "Wall of Separation between Church & State"
Julie A. Oseid

Penumbral Thinking Revisited: Metaphor in Legal Argumentation
J. Christopher Rideout

Conserving the Canvas: Reducing the Environmental Footprint of Legal Briefs by Re-imagining Court Rules and Document Design Strategies
Ruth Anne Robbins

Voice: Speaking for a Deaf Boy in Foster Care
Deborah A. Schmedemann

The Lost Narrative: The Connection Between Legal Narrative and Legal Ethics
Helena Whalen-Bridge

General Articles & Practice Notes

Making Sense of "Bong Hits 4 Jesus": A Study of Rhetorical Discursive Bias in Morse v. Frederick
Ryan Malphurs

"To See Between": Interviewing as a Legal Research Tool
Susan L. Turley

Argument, Analogy, and Audience: Using Persuasive Comparisons While Avoiding Unintended Effects
Bruce Ching

 

  • Volume 6
  • Inside

Fall 2009 ~ Best Practices in Persuasion

JALWD Fall 2006 ~ Rhetoric & ArgumentationHoping to enrich, enliven, and encourage the study and practice of legal rhetoric and writing, we have selected articles for this issue that range from empirical study of the issue statements in appellate briefs to quantitative analysis of law review articles; they turn to early literary theory and Abraham Lincoln’s writing habits to advise today’s legal writers; they explore the effects of narrative construction and characterization models on legal argument; and they suggest ways that contemporary rhetoric and developmental psychology may counter some of the negative effects of legal education on law students.

Fall 2009 ~ Best Practices in Persuasion

Preface

articles

Got Issues? An Empirical Study about Framing Them
Judith D. Fischer

The Power of Brevity: Adopt Abraham Lincoln's Habits
Julie A. Oseid

The Poetry of Persuasion: Early Literary Theory and Its Advice to Legal Writers
Stephen E. Smith

Persuasion: An Annotated Bibliography
Kathryn Stanchi

classics

The Narrative Construction of Legal Reality
Richard K. Sherwin

Characterization and Legal Discourse
Laura E. Little

General Articles

Legal Writing and Disciplinary Knowledge-Building: A Comparative Study
Douglas M. Coulson

"The Play of Those Who Have Not Yet Heard of Games": Creativity, Compliance, and the "Good Enough" Law Teacher
Mary R. Falk

 

  • Volume 5
  • Inside

Fall 2008 ~ Legal Writing Beyond Memos & Briefs

JALWD Fall 2008 ~ Beyond Memos & Briefs In this issue, the Journal publishes articles about the "best practices" of legal writing in contexts other than the traditional litigation setting. Although much valuable legal writing scholarship has focused on the memoranda and briefs that are produced in connection with lawsuits, many lawyers are engaged in other kinds of writing: they draft transactional documents, legislation, rules, and regulations; they write formal and informal opinions and correspondence; they produce essays and articles for legal scholars and practicing lawyers.


Fall 2008 ~ Legal Writing Beyond Memos & Briefs

articles

Clarity and the Federal Rules of Civil Procedure: A Lesson from the Style Project
Lisa Eichhorn

A Shot Across the Bow: How to Write an Effective Demand Letter
Bret Rappaport

Rhetorical Judgments: Using Holistic Assessment to Improve the Quality of Administrative Decisions
Roger J. Klurfeld & Steven Placek

A Checklist for Drafting Good Contracts
M. H. Sam Jacobson

What a Transactional Lawyer Needs to Know: Identifying and Implementing Competencies for Transactional Lawyers
Lisa Penland

resources

Legal Writing Beyond Memos and Briefs: An Annotated Bibliograpy
Carrie W. Teitcher

practice notes

Real Collaborative Context: Opinion Writing and the Appellate Process
Tom Cobb & Sarah Kaltsounis

Finding a Happy Medium: Teaching Contract Creation in the First Year
Deborah A. Schmedemann

 


  • Volume 4
  • Inside

Fall 2007 ~ When Worlds Collide

JALWD Fall 2006 ~ Rhetoric & ArgumentationThis issue collects essays growing out of the Legal Writing Section program at the Annual Meeting of the Association of American Law Schools in January 2007, a program that focused on relationships between legal writing teachers and clinicians in teaching and scholarship. The essays in this issue explore existing intersections between legal writing and clinical pedagogy, scholarship, and practice as well as the spaces where there is an undeveloped potential for forging and developing professional relationships between writing and clinical teachers.


Fall 2007 ~ When Worlds Collide

essays

When Worlds Collide: Exploring Intersections Between
Legal Writing and Clinical Pedagogy, Scholarship,
and Practice
Philip N. Meyer

Using Actual Legal Work to Teach Legal Research and Writing
Michael A. Millemann

But Who Will Teach Legal Reasoning and Synthesis?
Kate O’Neill

So Near and Yet So Far: Dreams of Collaboration Between Clinical and Legal Writing Programs
Phyllis Goldfarb

Building Bridges: A Call for Greater Collaboration Between Legal Writing and Clinical Professors
Darby Dickerson

responses

Comment: Survey of Cooperation Among Clinical, Pro Bono, Externship, and Legal Writing Faculty
Sarah E. Ricks & Susan C. Wawrose

Cooperation, Not Collision: A Response to When Worlds Collide
Tracy Bach


  • Volume 3
  • Inside

Fall 2006 ~ Rhetoric & Argumentation

JALWD Fall 2006 ~ Rhetoric & ArgumentationThe articles in this issue apply classical and contemporary rhetorical theory to legal argumentation. Although they draw on different theories, the articles are linked by a common rhetorical perspective—that working with language is the daily work of lawyers and that thoughtful work with language is the way to change law and society. As a result, these articles share with Aristotle, Isocrates, and New Rhetoric the view that rhetoric is not artifice but instead is essential to the construction of better ways of seeing and knowing.


Fall 2006 ~ Rhetoric & Argumentation

ARTICLES

With Amici Like These: Cicero, Quintilian and the Importance of Stylistic Demeanor
Michael H. Frost

Court Speech as Political Action: Isocrates' Rhetorical Ideal and the Legal Oratory of Daniel Webster
James Lupo

Classical Persuasion through Grammar and Punctuation
Lillian B. Hardwick

Philosophy v. Rhetoric in Legal Education: Understanding the Schism Between Doctrinal and Legal Writing Faculty
Kristen Konrad Robbins

RESOURCES

Rhetoric Theory and Legal Writing: An Annotated Bibliography
Michael R. Smith

Best Practices Classics

Brush Up Your Aristotle
Robert F. Hanley

Advocacy and Emotion
John C. Shepherd & Jordan B. Cherrick

Law as Rhetoric, Rhetoric as Argument
Kurt M. Saunders

A Basis for Legal Reasoning: Logic on Appeal
Mary Massaron Ross

PRACTICE NOTES

Effective Research Assistance and Scholarly Production
Suzanne E. Rowe


  • Volume 2
  • Inside

Fall 2004 ~ Learning / Thinking / Writing

JALWD Fall 2004 ~ Learning Thinking WritingIn this issue, we bring together articles that apply the findings of learning theory and cognitive research to professional legal writing. Each article suggests "best practices": ways that learning theory, cognitive research, or both can advance understanding and persuasion. For those who practice, teach, learn, or study legal writing, the research of learning theorists and cognitive scientists can shed light on the work of the mind, the use of language, and the means of persuasion.


Fall 2004 ~ Learning / Thinking / Writing

Foreword

The Next Frontier: Exploring the Substance of Legal Writing
Michael R. Smith

ARTICLES

Learning Styles and Lawyering: Using Learning Theory to Organize Thinking and Writing
M. H. Sam Jacobson

Writing-Across-the-Law-School Curriculum: Theoretical Justifications, Curricular Implications
Pamela Lysaght & Cristina D. Lockwood

Painting with Print: Incorporating Concepts of Typographic and Layout Design into the Text of Legal Writing Documents
Ruth Anne Robbins

Teaching and Using Analogy in Law
Dan Hunter

What is the Sound of a Corporation Speaking? How the Cognitive Theory of Metaphor Can Help Lawyers Shape the Law
Linda L. Berger

PRACTICE NOTES

Dr. King, Bull Connor, and Persuasive Narratives
Shaun B. Spencer


  • Volume 1
  • Inside

Fall 2002 ~ Erasing Lines: Integrating the Law School Curriculum

Erasing Lines Fall 2002 ~ Integrating the Law SchoolThis issue contains the proceedings of ALWD's 2001 conference, which was designed to challenge the law school community to develop new ways of conceptualizing the law school curriculum. The issue includes articles and remarks by Deans Kent D. Syverud of Vanderbilt University Law School, David Weisbrot of the University of Sydney, Australia, and Nancy Rapoport of the University of Houston Law Center; justices and judges from the Supreme Court of Virginia, the United States Court of Appeals for the Federal Circuit, and the United States District Court; and a range of professors from other law schools, architecture colleges, and medical schools.

Fall 2002 ~ Erasing Lines: Integrating the Law School Curriculum

Opening Remarks
Pamela Lysaght

Introduction

Erasing Lines: Integrating the Law School Curriculum
Amy E. Sloan

Opening Plenary: What Would "Best Practices" in Legal Education Look Like?

The Caste System and Best Practices in Legal Education
Kent D. Syverud

What Lawyers Need to Know, What Lawyers Need to Be Able to Do: An Australian Experience
David Weisbrot

Papers Delivered, Comments, and Reporters' Notes

The Integration of Theory, Doctrine, and Practice in Legal Education
Byron D. Cooper

Do Best Pedagogical Practices in Legal Education Include a
Curriculum that Integrates Theory, Skill, and Doctrine?
Toni M. Fine

Erasing Lines: Let the LRW Professor without Lines Throw the
First Eraser
Christine Hurt

The Role of Legal Writing Faculty in an Integrated Curriculum
Lisa Eichhorn

Is "Thinking Like a Lawyer" Really What We Want to Teach?
Nancy B. Rapoport

Good Vision, Overstated Criticism
Scott H. Bice

Cogito, ergo sum or I think, therefore I am [a lawyer?]
Christine Nero Coughlin

Breach of Trust: Legal Education’s Failure to Prepare Students for the Practice of Law
Molly Warner Lien

Some Thoughts on Dean Nancy B. Rapoport's "Is ‘Thinking Like a Lawyer' Really What We Want to Teach?"
Arnold I. Siegel

Do Best Practices in Legal Education Include an Obligation to the Legal Profession to Integrate Theory, Skills, and Doctrine in the Law School Curriculum?
Deborah Schmedemann

A Liberal Education in Law: Engaging the Legal Imagination through Research and Writing Beyond the Curriculum
Carol M. Parker

Imagine
Melody Richardson Daily

Compositional Practice
Bryn Vaaler

Erasing Lines Between the Law School and the Liberal Arts Curricula
Marilyn R. Walter

Do Best Practices in Legal Education Include Emphasis on Compositional Modes of Studying Law as a Liberal Art?
Linda L. Berger

Plenary: Models from Other Disciplines—What Can We Learn?
Thomas R. Fisher and Daniel B. Hinshaw

Plenary: Is the Tail Wagging the Dog? Institutional Forces Affecting Curricular Innovation—A Panel Discussion
Mary Beth Beazley, Elliott Milstein, John Sebert, and E. Thomas Sullivan

Breakout Sessions

Building Internal Consensus: Faculty, Administration, and the Students
Bradley G. Clary

Building External Consensus: Alumni, Professional Organizations, and the Practicing Bar
Randy Hertz

One Small Step: Beginning the Process of Institutional Change to Integrate the Law School Curriculum
Suzanne E. Rowe and Susan P. Liemer

Concurrent Sessions

How Do We Know If We Are Achieving Our Goals?: Strategies for Assessing the Outcome of Curricular Innovation
Gregory S. Munro

Technology and Legal Education: Negotiating the Shoals of Technocentrism, Technophobia, and Indifference
Craig T. Smith

Psychological Insights: Why Our Students and Graduates Suffer, and What We Might Do About It
Lawrence S. Krieger

Using Instructional Design to Improve Student Learning
Greg Sergienko

Closing Plenary: Law School Curriculum, Training Law Students, and the Vitality of the Profession: The Judicial Perspective—A Panel Discussion
Justice Elizabeth Lacy, Judge Paul Michel, and Judge John R. Tunheim