A long-winded discussion of summaries and paraphrasing

I have been working with my new international LL.M. students on summarizing and paraphrasing skills, to get them ready for a first research memorandum assignment.  I decided to spend some time on this because I have noticed that even when writing a single case brief exercise, some students do not feel free to depart from the court’s words. As a result, students can spend hours wrestling 6 pages of case law into a 3-page summary that really only needs to be a few ordered dots of thought the size of an index card.  So we have been working to condense information into different styles of case briefs, using the same legal text until they feel comfortable putting the case aside and writing main points from memory.

Stephen spied one of my latest worksheets, and we started an email discussion about how to distinguish the two concepts in a meaningful way, to make students aware of how we expect them to manipulate source material in writing assignments. Finally, I arrived at this, which I think will work. I am interested in learning how other instructors introduce and practice these ideas with the class.  Continue reading

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

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.

Global Legal Skills: Mountains, Mariachi and Mentorship in Monterrey

I had the pleasure of attending the annual Global Legal Skills Conference this week, hosted by the Facultad Libre de Derecho de Monterrey. Sarah Kelly and I were glad to present the in-class role-play methods we use in our core LLM courses at St. John’s, and I was grateful to our audience, who engaged in all the steps of an introductory negotiation exercise and gave feedback on the experience.  This year Continue reading

Comprehensible input for legal English students: Resources, approaches and ideas

comprehensible_input_1International students in LLM and legal English programs at US law schools come to study law, not ESL. At the same time, law study requires deep engagement with texts and concepts that are complex and challenging even for native English speakers. But how do you have substantive class discussions or evaluate students’ legal writing when students are struggling to sufficiently comprehend the language of the reading?

In linguistics, the relevant term is “comprehensible input.” The British Council’s Teaching English website has a nice explanation of the term:

“Comprehensible input is language input that can be understood by listeners despite them not understanding all the words and structures in it. It is described as one level above that of the learners if it can only just be understood. According to [Stephen] Krashen’s theory of language acquisition, giving learners this kind of input helps them acquire language naturally, rather than learn it consciously.”

paperchasememeComprehensible input is important in graduate level programs like law school because, as I’ve discussed in a previous post, reading and listening ability tend to be the best predictors of success in the programs. Speaking and writing ability, while obviously important, are in many ways often a function of reading and listening ability. It’s much easier to produce the language needed to speak or write when the input needed to absorb that kind of language is comprehended by the learner.

In elementary schools, reading is often taught using “just-right” books. That is, books that are just the right reading level for students based on teachers’ assessments of their students. (My wife is an experienced elementary school teacher and a reading specialist, so I often find myself drawing comparisons from her levelreadersexperiences.) For ESL students–both adults and children alike–the equivalent is graded readers (or level readers, depending on the publisher) which are books or other texts that are written in a simplified way. A great example of a unique graded reading source that is appropriate for adults is the Newsela.com website which makes Washington Post, Reuters, and other news articles available, but re-written in 4 different easier-to-read levels along with the original version of the article.

In law school, unfortunately, there is no equivalent to just-right books or graded readers to be purchased. So what is a legal English teacher to do?

As I’ve been thinking back over my classes from the last few years, I realized I’ve been putting significant effort into figuring out how to develop and provide comprehensible input to LLM students when working with complex and sophisticated texts. Here are some of the resources and approaches I’ve used:

READING RESOURCES Continue reading

Merry Christmas from your lawyer

Not just an accessible example of American legal humor, but a great example of American-style contract language and culture. It’s also giving me ideas for new activities around teaching English for contract reading and drafting as we get ready for 2017.

img_0922

Wishing everyone a happy and safe holidays and New Year from the St. John’s Legal English team!

Lawyer-client practice for LLM students

20161110_161115Yesterday for the second time we completed another successful U.S. Legal Studies (USLS) + Transnational Legal Practice (TLP) Program + American Law: Discourse & Analysis (ALDA) Program collaboration activity based around lawyer-client practice.


20161110_161019The activity
: The USLS and TLP students are the lawyers and the ALDA students the clients. Each lawyer is part of a group or firm of two or three lawyers. And each client is actually two or three ALDA students.  The clients are given a fact pattern which they study, review, and discuss prior to their meeting with their lawyers. The clients then join the USLS and TLP students’ Legal Writing class and are matched with their lawyers at separate tables. The lawyers then need to lead the meeting and ask questions to learn about the client’s issue. The clients tell their story (and occasionally have fun making up facts where necessary and appropriate.)

20161110_161032The lawyers have 45 minutes to try and understand the client’s situation, identify the legal issues in the fact situation and help the clients figure out who they can or can’t sue and evaluate the strength of the case.

Following the activity, a group discussion was held to reflect on the experience. Everyone had a good time and expressed appreciation for having the opportunity to step into their roles and really think through the situation.
20161110_161105For homework, the ALDA students were tasked with writing a follow-up email to their lawyers confirming their understanding of the main points of the discussion. And the TLP students have been tasked with writing a client letter describing the issues and offering their evaluation and recommendations for how to proceed.

20161110_095808This is an activity that will certainly continue each semester as the students greatly enjoy
it and derive great benefit in terms of experience, critical thinking, and language use.