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

Teaching summarizing to LLM students: Some recent thoughts

i-love-to-summarizeAs I’ve discussed in a previous post, teaching LLM students to summarize can be deceivingly difficult. Summarizing requires control of language as well as an intuitive understanding of what is expected the relevant audience in a summary. Additionally, it’s difficult to explain to others how we learned to summarize–somehow we just learned it–and that, in turn, tends to further inhibits our ability to teach summarizing to others.

And now I have one more layer of complexity to add that I hadn’t previously considered: The category of “summary” actually consists of a number of different kinds of summaries, each with their own purposes, contexts, structures, styles, and expectations.

The source of this new thought (for me) was a presentation I recently watched (viewable on YouTube) titled “Teaching Effective and Varied Summarizing” by Ann M. Johns, Professor Emerita of Linguistics and Writing Studies at San Diego State University. In the presentation, Professor Johns makes a point of listing some common summary forms in the academic community such as a functional summary detailing the structure of a written or spoken text, the one-sentence summary of content (often of a paragraph or paragraphs which can lead to a full summary of the text), an abstract, a problem/solution summary, an argument summary, a plot/story summary, a summary + critique, and synthesis, among other types.

As I contemplated this list of summary types, I started to think and wonder about Continue reading

Experiments in teaching legal writing: The Yogurt Precedent Phase

sc-french-vanilla-low-fat-yogurt-6oz_0When I first introduced the jogger-banana peel critical thinking question to my students, one of my strongest students commented during the class discussion that this wasn’t really legal writing. I responded that this was in fact legal writing, explaining that the “Issue Rule Analysis Conclusion” (IRAC) approach is a distinctive feature of legal discourse, it is expected by law professors in their students’ writing, and it is not typically used in other forms of academic discourse.

However, showing is always better than telling. So I’m excited–after having my students analyze, label, evaluate, and linguistically deconstruct nine different model answers to the jogger-banana peel question, plus write multiple drafts of their own answer along with a re-write arguing the other side–to introduce them tomorrow to the next phase in the process. I’ll call it the “Yogurt Precedent Phase.” Continue reading

Noticing parentheses and quotation marks

hqdefaultI was a bit perplexed this past week when a student submitted an assignment as a Word file, and the name of the file included parentheses in an unexpected way. Like this:

StudentLastName-(Article Name)

My first impulse was to ignore it. My second impulse was to tell the student to remove the parentheses. But fortunately I curtailed those two instincts and followed my third instinct, which was Continue reading