Legal Writing: Connecting IRAC, syllogisms and analogies for LLM students

This past week for the frist time I did a full unit of syllogism and analogy activities with my legal writing students to prepare them for the concepts and language of IRAC-style writing. And it not only went very well–it also taught me something new.

Previously, I had taught the concept of IRAC (Issue, Rule, Analysis/Application, Conclusion) first and then had the students work on it through the Jogger/Banana Peel question. This question is the vehicle through which I have been teaching students IRAC-style discourse as well as the written language of that discourse. It involves a jogger who throws a banana peel on the beach after passing a sign that indicates a fine for “littering.” A police officer sees this and has to decide whether to issue a ticket, remembering that her supervisor did give a ticket to someone who threw a candy bar wrapper on the ground but did not give a ticket to someone who poured coffee on the ground.

In my approach, the students come to understand the IRAC concepts and signal words, but they still struggled in many ways with the underlying style of argument expected. For example, they would see the exercise as a simple application of a rule. The jogger littered; there’s a rule against littering; hence, the jogger should get a ticket. To not give a ticket would be to undermine rule of law and all that is good in our society, etc. Or, if they focus on the coffee and the candy bar wrapper, they make conclusory statements without really explaining or showing how those ideas connect. (Or rather, they don’t do it in a way that meets expectations for our writer-responsible writing culture.) Continue reading

Book review – Part 1: Alissa Hartig’s “Connecting Language and Disciplinary Knowledge in English for Specific Purposes: Case Studies in Law”

I am extremely excited to have the opportunity to review a new book by Alissa Hartig, Assistant Professor of Applied Linguistics at Portland State University, entitled Connecting Language and Disciplinary Knowledge in English for Specific Purposes: Case Studies in Law, which I just yesterday received from the publisher, Multilingual MattersPart of the reason is that this is, to the best of my knowledge, the first book ever published that presents a study of the teaching of “legal English” from a linguistics perspective. 

In other words, it is an entire book that thinks deeply and conceptually–far more deeply and conceptually than I would be able to–about how to teach law with language support to non-native English speaking law students (e.g., international LLM students). If I can read and absorb even 10% of what’s in this book, I feel like I will ascend to a higher legal English plain. Which suggests that if I absorb the entire book I will attain some sort of legal English nirvana. (Side note: Wondering whether this is the first instance of “legal English” collocating with “nirvana.”)
Continue reading

New ALDA Legal English Professors

I’m very excited that in the past year the American Law: Discourse & Analysis (ALDA) Program (semester-long law courses taught with language support) has welcomed three new legal English professors to our teaching team, all having a unique combination of both large law firm practice experience and ESL teaching experience.

  • Prof. Daniel Edelson; former associate at Katten Muchin Rosenman LLP and Baker McKenzie (Business Litigation & Securities Fraud)
  • Prof. Anne Himes; former partner at Milbank, Tweed, Hadley & McCloy LLP (Corporate Transactions) 
  • Prof. Kayalyn Marafioti; former partner at Skadden, Arps, Slate, Meagher & Flom LLP (Corporate Restructuring)

Below are bios for each:

Professor Edelson is an Adjunct Professor of Law at St. John’s Law School and an attorney admitted to practice in New York and New Jersey. For several years he was associated with two international law firms in New York City where he specialized in business litigation and securities fraud. In 2012 Daniel moved to Seoul, South Korea to teach U.S. law. In addition to having his own law practice, he also tutors first year law students (1Ls), LLM students, and bar candidates. He is also the creator of numerous short, animated video explanations of legal topics on his website USLawEssentials.com. Prior to becoming an attorney Daniel lived in Japan where, among other things, he taught English as a Second Language.

Professor Himes holds a certificate in English language teaching from The New School in New York. She has a J.D. from Columbia Law School and an M.A. and B.A. in German from the University of North Carolina; as an undergraduate, she studied at Heidelberg University in Germany for one year. Professor Himes is a former partner at the Wall Street law firm Milbank, Tweed, Hadley & McCloy; a member of the corporate department, she specialized in private corporate debt financings. She has also worked as in-house legal counsel to a New York single family office.

Professor Marafioti earned a J.D. from New York University School of Law, where she served as Note and Comment editor of the NYU Journal of International Law and Politics, and an A.B. cum laude from Harvard University, where she studied history and literature.  After graduating from NYU she practiced law in New York City for more than three decades.  For most of that time she was a partner in the corporate restructuring department of Skadden, Arps, Slate, Meagher & Flom LLP, a global law firm, where she regularly worked on cross-border transactions with lawyers from all over the world.  Following her retirement from Skadden, she earned a certificate in teaching English language from The New School in New York.  She is a Fellow in the American College of Bankruptcy.

Legal writing: Teaching analogy and comparison language to LLM students

I recently finished reading an excellent and exciting article titled Beyond Contrastive Rhetoric: Helping International Lawyers Use Cohesive Devices in U.S. Legal Writing, by Elizabeth Baldwin, a professor of legal writing who has an MA in Applied Linguistics and works with LLM students at the University of Washington School of Law. I say exciting because each page that I read seemed to open my eyes and my mind and spark new ideas about teaching legal writing to LLM students.

In the article, Elizabeth–one of the founders of the ETLEP legal English Google Group together with Alissa Hartig, Lindsey Kurtz and me following the 2015 Global Legal Skills Conference in Chicago–distinguishes between coherence (top down: does it make sense?) and cohesion (bottom up: does it feel connected and logical?) A text can be coherent, i.e., you understand what the writer is saying, yet lack cohesion, i.e., the ideas feel disjointed and unnatural in some way you can’t quite put your finger on.

The article explains how cohesion can be lexical (e.g., use of repetition and synonyms) as well as grammatical (e.g., use of conjunctive words and phrases to connect information between sentences; use of a subordinated clause to front information so that it feels connected to information in the previous sentence).

However, the article really grabbed my attention at one point when it described a particular cohesive device that involves use of the pattern: [determiner + abstract noun]. (Determiners include a, an, the, this, these, my, your, which, other, and a bunch of other words you know but just didn’t realize were determiners.) An example might be a sentence along the lines of: Continue reading

Article: “St. John’s LL.M. Programs Stand Out With Language Support From Day One”

Here’s an article that was just posted on the St. John’s website today that provides some context and an overview of our language support capabilities in connection with our LLM programs.

“St. John’s LL.M. Programs Stand Out With Language Support from Day One”

Rui “Barry” Zhang smiles broadly as he explains one of the big differences between his legal education at China Youth University of Political Studies (CYU) in his native Beijing and the education he’s receiving as a graduate student in St. John’s Master of Laws (LL.M.) program. “In China, it’s like they give you a map and tell you to go find the treasure,” he says. “Here, they give you the treasure and you draw the map.”

It’s a treasure hunt that couldn’t be undertaken, Zhang adds, without the practical skills that he and his LL.M. classmates gain through the Law School’s exceptional language support—or Legal English—programs.

These offerings are specially designed to meet the needs of students in St. John’s Transnational Legal Practice (TLP) and U.S. Legal Studies (USLS) LL.M. programs, who earned (or are earning) their first law degree outside the United States. TLP students typically

CLICK HERE to read the rest of the article.

LLM Summer Reading Club

I find myself thinking a lot about ways to interweave extensive reading into the law school experience of our LLM students. So much time is spent engaged in intensive reading. Yet research makes clear that reading for enjoyment in English contributes significantly to improving much-needed reading speed, vocabulary, and background knowledge. At the same time, many of our students return to their home countries over the summer before returning for the fall semester and may not focus on improving their legal and language knowledge. Additionally, many LLM students may not have developed a habit of reading for enjoyment in English.

In response, this summer I decided to pilot our first ever LLM Summer Reading Club. I picked a book–24 Hours With 24 Lawyers: Profiles of Traditional and Non-Traditional Careers, edited by Jasper Kim–and invited any and all St. John’s LLM students to join the club if interested. (I also listed several other law-themed books that would make good reads for anyone looking for something to read on their own.)

The plan is that we will pick a couple chapters to read each week and then meet online to discuss the reading. (It looks like WeChat may be our platform of choice, though I just learned that video/voice calls have a 9-person limit which won’t work for us.) No assignments or homework. Just a relaxed, social way to engage in law-related reading and keep students feeling motivated and connected over the summer.

If anyone else has done something along these lines–or if you decide to do it this summer–please feel free to share your experience as well as any advice and perspectives.

May 1 Webinar: “Teaching Global Skills to International and U.S. Law Students”

Teaching Global Skills to International and U.S. Law Students

I’ll be one of the participants in a Legal Writing Institute live webinar next Monday from 12-1pm together with Diane Kraft of University of Kentucky College of Law and also St. John’s Law colleague Patricia Montana.

The narrated PowerPoints (which have more detail than what will be discussed in the live webinar) are already available at http://www.law.msu.edu/glws​. (Note: At this link, you can also find great prior presentations by other legal writing specialists.)

See below for more details and info on how to register:

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The Legal Writing Institute’s Global Legal Writing Skills Committee is pleased to invite you to attend a free live webinar on Monday, May 1, 2017, from 12-1 pm EST on“Teaching Global Skills to International and U.S. Law Students.”   The webinar will feature the following excellent presentations, followed by Q & A:

1. Teaching A Variety of Lawyering Skills Using A Single Transnational Civil Litigation Problem
Patricia Montana, Professor of Legal Writing and Director of Street Law Program, St. John’s University School of Law

I will present on my advanced writing course, Drafting: Transnational Civil Litigation, which I designed to develop upper-level students’ lawyering skills in the context of transnational civil litigation.  My presentation will discuss how designing a course around a single litigation involving a central international trade law convention and a well-developed set of facts can easily simulate the realities of law practice in the global market and thus benefit students tremendously.  My presentation will walk through the course development, illustrate some of the design ideas, and explain the advantages of using a single litigation to tie together all of the assignments.

2. Current Research in Contrastive Rhetoric: What Does it Mean for the Legal Writing Classroom?
Diane B. Kraft, Assistant Professor of Legal Research & Writing, University of Kentucky College of Law

Contrastive Rhetoric has been an important area of scholarship for the disciplines of Second Language Writing and English for Specific Purposes since 1966. This presentation will discuss what the most recent research tells us about the uses and limitations of contrastive rhetoric, and suggests ways to use it effectively when teaching international students in the legal writing classroom.

3. The Power of Noticing in Teaching Legal Writing to LLM Students
Stephen B. Horowitz, Director of Legal English Programs and Adjunct Professor of Law, St. John’s University School of Law

One of the challenges of learning legal writing for non-native speakers of English (NNES) is that they often feel they are writing into a vacuum. That is, they don’t have a clear sense of what their writing should look and feel like, both in terms of discourse as well as language. This is because what might be intuitive for native English speakers (NES) is not intuitive for NNES.  A simple yet powerful tool for building a sense of intuition and an understanding of what’s expected is the act of noticing. Noticing can be used very effectively in combination with model answers written by NES to help draw LLM students’ attention to certain features of legal writing in order to figure out how to better organize their writing, how to make better arguments, how to improve their grammar, what transition and connection phrases to use, when to use commas, and any other writing related challenges the students may face.

The presenters have created narrated PowerPoint slides for viewing in advance of the live webinar.  They can be found at the top of the presentations list at www.law.msu.edu/glws. This website also contains the archived Global Legal Writing Skills presentations from previous webinars.

To participate in the live webinar, please follow these instructions:

  1. Click on the URL provided for the Meeting Room or type the URL into your web browser.
  2. Click Guest Login.
  3. Type an identifiable name (e.g., First and Last name).
  4. Click Enter Room.
  5. Mute your microphone and only type questions in Chat window

Katrina June Lee will moderate the live webinar. Please contact her at katrinalee@osu.edu with questions or issues regarding the webinar.

To register for this free event, please send an email to dmlavita@suffolk.edu with “GLWS Webinar” in the subject line.

On behalf of the GLWS Committee,

Rosa Kim, Suffolk University Law School
rkim@suffolk.edu