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.

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

ALDA visits the law firm of Arnold and Porter Kaye Scholer

Today Professor Anne Himes and I took our ALDA students on a field trip to visit the global law firm of Arnold & Porter Kaye Scholer (1,000 lawyers worldwide) where we were hosted by St. John’s Law alum Jim Herschlein who is Co-Chair of the firm’s Litigation Department. Our students learned about big firm law practice including complex litigation issues and client development as well as hearing Jim’s advice on keeping nerves in check when appearing in court. We also received a tour of the firm including its own  moot courtroom which it uses to train associates on trial and deposition practice.

Many thanks to Jim for opening his door and sharing his valuable time and perspectives!

ALDA student group photo in Jim Herschlein’s office at Arnold & Porter Kaye Scholer

 

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

Calvin and Hobbes, capital letters and LLMs

file_000

Upon closer inspection, it is indeed written in all caps.

About a month ago some of our LLM students were perusing my mobile extensive reading library and one of them started flipping through one of the Calvin & Hobbes books on the shelf (generously donated by my colleague Kathryn Piper). The students were pulled in by the drawings, but soon after reading a frame or two they quickly pointed out to me that this book would be difficult to read for them.

file_001

Mobile book cart with pleasure reading. John Grisham novels on the middle shelf to the right.

This surprised me. “Why is this difficult?”

They replied: “Because it’s written in all capital letters.”

Not only had I never noticed that Calvin & Hobbes is written in all capital letters, it had also never occurred to me that it was any more difficult to read something in all caps.Yet when I mentioned this to my wife (an experienced elementary school reading specialist) that night, she said, “Oh yes, it’s difficult for kids, too.”

all-caps-warningAnd as I thought about it, I realized that it’s not so easy for native English speaking adults either. Think about those parts of contracts that are in all caps to warn the reader that something is extra super-duper important. This is because part of reading is recognizing word shape, and with all caps you lose that aspect.

Despite the appearance of difficulty, one of the students nonetheless took the book home for pleasure reading. I made a point of promoting the book by explaining that yes, in one sense it’s a children’s cartoon, but on another level it’s very adult and philosophical which is part of the genius of Bill Watterson. Plus, it might help your reading fluency with all caps.

Then out of the blue yesterday, the student came up to me and said, “Hey, I’m still reading Calvin & Hobbes and I really like it.” I said that’s great and then asked, “Has it gotten easier to read capital letters?” To which she replied, “Yes, definitely. It’s been really helpful with that.” The key to building all caps reading fluency, as it turns out, is a text with lots of all caps that’s actually enjoyable to read, i.e., Calvin & Hobbes. In contrast, had I recommended reading a bunch of contract language in all caps, I don’t think the student would have spent as much time engaged in such reading.

So there you have it. To help your LLM students prepare for law careers in which they will have to quickly read over transaction documents laden with all caps sections, make sure to include Calvin & Hobbes in your LLM legal library!

 

What part of the case brief?

The other day in class, working with another one of the Lefkowitz v. Great Minneapolis Surplus Store, Inc. case briefs, I again asked the students what tense they noticed in the Issue section. The students pointed to past tense in the two questions conveniently labeled (1) and (2). But then there was an additional sentence that followed on the next line:

Defendant contends that it was a “unilateral offer” which could be withdrawn at any time without notice.

 A student correctly pointed out that present tense was being used. But then I asked, “Where’s the question in this statement?” The students talked for a minute and quickly concluded that that statement really didn’t belong in the Issue section.

Next question: So where does it belong? And more importantly, how do you know?

One student suggested the Facts section since it seemed to be providing information about one of the parties to the case. So I then asked, what tense do we generally find in the Facts? Past tense, yet this is present.

Also: When do the facts happen? In the past, before the trial starts. What does “contend” mean? Argue. When do you argue? During the trial. Hence, this sentence should not be in the Facts section. Continue reading