My Legal Writing: Memos Book
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Kirsten K. Davis, My Legal Writing: Memos (2016)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, My Legal Writing: Memos (2016)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Qualitative and Quantitative Research Methods and Rhetorical Theory in the “Third Generation”, in Scholarship: Who Are We Now? Legal Writing Scholarship in Today's Academy (July 1, 2016)Clicking on the button will copy the full recommended citation.
This paper, written for an audience of law school faculty who teach and research legal communication topics, covers the basic differences between qualitative and quantitative research methods. It contextualizes rhetorical theory and rhetorical methods of inquiry, specifically rhetorical criticism, within the qualitative/quantitative structure. it suggests that the "third generation" of legal writing/legal communication scholarship is best developed by understanding the differences between theory and method, the differences between qualitative and quantitative research, and the place of rhetorical theory and method in the community's research practices.
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Kirsten K. Davis, Rhetorical Criticism as Essential Legal Skill: Some Thoughts on Developing Lawyers as “Public Citizens”, 16 Communication Law Review 43 (2016)Clicking on the button will copy the full recommended citation.
The Model Rules of Professional Conduct for lawyers, upon which nearly all fifty state supreme courts base their legal ethics codes, direct lawyers to pursue the public good in their role as "public citizen[s] with special responsibility for justice." Yet, the lawyer as a public citizen is undertheorized in the literature and is not the focus of legal education. And even if this role is deemed important, questions remain of what, exactly, is the lawyer's responsibility as a "public citizen" and what skills a lawyer should possess to fulfill this role.
This essay first describes how the Model Rules of Professional Conduct — the lawyer's ethical rules — rhetorically construct the public citizen role but offer little on how the lawyer should implement this role in her professional life. It then offers how others have attempted to put flesh on the bones of the "public citizen" role so as to have as complete a view as possible of what that role means for lawyers. It explains the generally well-accepted view that law schools have largely failed to teach skills and instill values related to lawyers' roles as public citizens. And, finally, it argues that teaching rhetorical criticism skills in law school can play a central part in giving lawyers the intellectual skills to perform their roles as fiduciaries of the rule of law and participatory democracy and to understand themselves as moral actors in the public sphere.
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Kirsten K. Davis et al., Law and Rhetoric Bibliography: Selected Readings and Resources (2015)Clicking on the button will copy the full recommended citation.
This bibliography contains suggested readings and resources for learning about rhetorical theory from a number of vantage points, including foundational materials, rhetorical methods, law and rhetoric, rhetorical approaches to studying and teaching legal writing, and rhetorical criticism of legal texts.
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Kirsten K. Davis, The First Year Legal Writing Course: Praxis Is Pivotal, 28 Second Draft 5 (2015)Clicking on the button will copy the full recommended citation.
This article suggests that the first-year legal writing class is important because it is the primary place where students engage in praxis by exercising judgment about both the means for accomplishing a legal task and the desired ends and enacting their knowledge, skills, and values.
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Kirsten K. Davis, “The Reports of My Death Are Greatly Exaggerated”: Reading and Writing Objective Memoranda in a Mobile Computing Age, 92 Or. L. Rev. 471 (2014)Clicking on the button will copy the full recommended citation.
Is there any reason for lawyers to write legal memoranda, particularly when some lawyers report that they no longer value the “traditional” legal memo? Does the legal memorandum – a common first writing project for law students – have any application whatsoever beyond the first year of law school? Does the usefulness of the memo decrease when it is read on a mobile device?
This article takes issue with the idea that the “traditional” legal memorandum is dead. It challenges lawyers, law faculty, and law students to think more deeply about the purposes of the legal memo, its role in modern legal practice, and its readability in a mobile computing world. And it offers a view of the legal memo that draws upon not only legal practice traditions but also upon the rules of ethics, rhetorical theory, cognitive science, and on-screen readability studies.
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Kirsten K. Davis, Inspecting, Not Just Expecting: Florida Supreme Court Adopts Code for Resolving Professionalism Complaints, AALS Professional Responsibility Newsletter (2013)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, More Than Just Another Face in the Crowd: Three Tips for Networking at the AALS Conference, AALS Section on Legal Analysis, Research, and Writing (2012)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Work and Family Identities in Regulatory Rulemaking: A Rhetorical Analysis of the Family and Medical Leave Act Regulatory Rulemaking Process, (unpublished) (2012)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, My Legal Writing Coach™: Memos (2012/2013) (available on IPad (2012)Clicking on the button will copy the full recommended citation.