The Language Of Law School

Author: Elizabeth Mertz
Publisher: Oxford University Press
ISBN: 9780195182866
Size: 30.14 MB
Format: PDF, Mobi
View: 724
Download
Anyone who has attended law school knows that it entails an important intellectual transformation, frequently referred to as "learning to think like a lawyer." This process, which subtly induces students to think and talk in radically new and different ways about conflicts, is largely accomplished in first-year law school classes where professors inculcate new attitudes toward spoken and written language. Elizabeth Mertz's book is the first study to truly delve into that language to reveal the complexities of how this process takes place. She concludes that the transformation law students undergo is as much a shift in how they approach language-how they talk and read and write-as in how they "think."

The Language Of Law School

Author: Elizabeth Mertz
Publisher: Oxford University Press
ISBN: 9780195346091
Size: 37.73 MB
Format: PDF, ePub
View: 4564
Download
In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead.

Thinking Like A Lawyer

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Size: 63.89 MB
Format: PDF
View: 3384
Download
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

Arguing With Tradition

Author: Justin B. Richland
Publisher: University of Chicago Press
ISBN: 0226712966
Size: 24.19 MB
Format: PDF, ePub, Docs
View: 352
Download
Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.

Logic For Lawyers A Guide To Clear Legal Thinking

Author: NITA
Publisher: LexisNexis
ISBN: 1632813122
Size: 50.21 MB
Format: PDF, Docs
View: 3487
Download
To win in court, you must master the elements of legal logic - the ultimate tool of persuasion in the courtroom. In Logic for Lawyers: A Guide to Clear Legal Thinking, Senior U.S. Circuit Judge Ruggero J. Aldisert, tells how to use legal reasoning to persuade judges and juries. A 30-year veteran of the bench, Aldisert helps litigators understand and apply the elements of legal logic. Using these skills, you can argue more persuasively - both in briefs and before the court. And just as critically, you can also expose flaws in adversaries' arguments. The result? A competitive edge in the courtroom. Rather than miring readers in exotic formulas and theories often found in logic texts, Aldisert explains in broad strokes the basics of logic and its application to legal thinking. You'll gain important insight into the mental processes we use in "thinking like a lawyer." Reviews "This is a book about legal reasoning or legal logic. While not challenging Justice Holmes' classic statement, 'The life of the law has not been logic; it has been experience,' it offers telling arguments that legal reasoning, or legal logic, may plan an equal or even more significant role in the life of the law ... All judges, lawyers, and law students will greatly profit by reading it." -William J. Brennan, Jr., U.S. Supreme Court Justice (Ret.) "Logic for Lawyers is the product of a keen mind that has benefited from opportunities to engage in and examine legal thinking from a variety of perspectives. This volume fills a surprising void in the current legal literature. Its publication should be particularly welcomed by law students and those who teach them." -Mark A. Nordenberg, Chancellor and Professor of Law, University of Pittsburgh The eBook versions of this title feature links to Lexis Advance for further legal research options.

Thinking Like A Writer

Author: Stephen V. Armstrong
Publisher: Practising Law Inst
ISBN: 9781402411281
Size: 71.31 MB
Format: PDF, ePub, Docs
View: 4969
Download
Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing gives you the specialized knowledge and techniques to draft clear and compelling legal documents, no matter how complicated the issues involved.

Voices Of Modernity

Author: Richard Bauman
Publisher: Cambridge University Press
ISBN: 9780521008976
Size: 61.82 MB
Format: PDF, ePub, Mobi
View: 3116
Download
This 2003 book discusses how new ways of thinking about language have uncovered previously 'legitimated' linguistic and social inequalities.

Bridging The Gap Between College And Law School

Author: Ruta K. Stropus
Publisher:
ISBN: 9781611632248
Size: 50.42 MB
Format: PDF
View: 6301
Download
This popular book helps students make the transition from their undergraduate experience to law school learning. Unlike other ''introduction to law school'' texts, Bridging the Gap offers a different approach because it: explains the ''why'' of law, providing students with the context necessary to understand why law school is taught in a certain manner; explains the ''how'' of the law, setting out a step-by-step process that will help students adapt to the law school setting; explains the ''what'' of the law, giving students the opportunity to practice the problem-solving process by providing numerous exercises in a variety of subject matter areas. Rather than giving only general advice, or black letter law and some practice problems for a specific subject, Bridging the Gap provides the context, the process, and the problems. Written by two former law school professors who used these techniques with thousands of students, Bridging the Gap is a guide to what really works in law school.

The Legal Analyst

Author: Ward Farnsworth
Publisher: University of Chicago Press
ISBN: 0226238369
Size: 19.68 MB
Format: PDF, Kindle
View: 938
Download
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.