Discussions about legal writing usually focus on what we put on the page—words, sentences, punctuation. But there’s another, equally important topic: how to get them there. So the next two columns are all about the writing process. Writing is hard. Going from initial thoughts to final, polished draft can be downright overwhelming, causing writers to struggle or stall. One reason, of course, is that “writing” isn’t a homogenous activity. It’s a series of discrete tasks—planning, drafting, editing, proofreading—each requiring different skills and a different mindset. Writers often flounder because they’re trying to do all of these things at the same time. So in this series, we’ll focus on dividing the writing process into distinct phases and tackling each one separately. Here, we’ll explore some techniques for going from blank page to first draft.
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...
Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...
A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...
The lawyer-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how...
Perhaps the most surprising feature of the last Supreme Court term was the extraordinary public discourse on 303 Creative LLC v. Elenis. According to...
It is—and has long been—well known that the Executive’s power is expanding. To date, there are two dominant analyses of the Judiciary’s role in that...
Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity...
About twenty-five years ago, in the introduction to his book Self-Ownership, Freedom, and Equality, Jerry Cohen described encountering an unfamiliar...