The document discusses how English majors transition to writing in law school. It finds that undergraduate writing focuses on complex sentences, universal ideas, and flow, while legal writing emphasizes brevity, specifics, and plain language. A case study of "Anna Smith" shows her struggling to simplify her writing for a legal brief. The document argues law school requires adopting a new "rhetorical identity" and type of concise, precise writing unlike literature. While some writing skills transfer, students must adapt to law's different rhetorical purposes and discourses.
6. Law School Pedagogy
“Law school is not an
extension of your
undergraduate work; it
is unlike anything
you’ve ever done
before.
“Your first-year
grades follow you not
just throughout law
school but far into
your legal career.”
“If you prepare for law
school the way you
prepared for
college, you will
underperform.”
“Only the strong
survive”
from Acing Your First Year of Law School
9. “These vignettes, all dealing with aspects of
war or death, allow Hemingway to venture
away from his subject matter within the short
stories and delve deeper into human
interaction while still reining in the tone of the
collection, keeping it under tight control when
a story is finished.”
“Anna Smith”: "A Soldier is a Soldier: the Unified Emotions of
Humanity in Ernest Hemingway’s In Our Time”
10. “Being that the test for provocation
involves a totality of the circumstances
test to determine whether or not the dog
was provoked, there are many different
types of circumstances that can be
considered.”
“Anna Smith”: LARW Brief, RE: Patrick Connelly; Dog Bite
11. “Being that the test for provocation
involves a totality of the circumstances
test to determine whether or not the dog
was provoked, there are many different
types of circumstances that can be
considered.”
“Anna Smith”: LARW Brief, RE: Patrick Connelly; Dog Bite
12. “Being that the test for provocation involves
a totality of the circumstances test to
determine whether or not the dog was
provoked, there are many different types of
circumstances that can be considered.”
“Anna Smith”: LARW Brief, RE: Patrick Connelly; Dog Bite
13. Helping Students
Revisetest for provocation
The
“Being that the test for
provocation involves a
considers the totality of
totality of the
circumstances.
circumstances test to
determine whether or not
the dog was
provoked, there are many
Therefore, all aspects of
the case are considered to
determine if the dog was
provoked.
different types of
circumstances that can be
(or) … if Connelly
considered.”
provoked the dog
14. Becoming Another Kind of
“Good Writer”
Writing-specific
classroom:
Multiple drafts
Peer review
Models
Conferences
Rhetorical
Analysis
Trying to hold on to
what they think are
writing “universals”
But aren’t
always
15. In some ways, writing is writing
Similar writing practices in writing & LARW
classes
Danger of getting too bound to one type of
writing
Different rhetorical purposes ask for different
approaches
AS English majors, we are oftentimes bound to ideas about what makes “good writing”—the sound and beauty—the art or poetry of “flow”. In order to be successful legal writers, English majors have to liberate themselves from those ideals of what “sounds right” to their ears. The students I see and talk to who are English majors at the law school seem to have a more difficult time adjusting to the rhetorical identity of a legal writer, because they have first have to let go of those ideals.
English majors are everywhere in law school. At least at Akron, there are only more political science majors than English majors.
Students told me that many of the basic skills from their English courses were useful, and truly, these are the basic skills that law students use most often: writing, research, and analysis. Learning how to apply those skills to a new field and pedagogical space is what they find most challenging.
Generally, these are students who are used to succeeding. But the pedagogical space of law school is very different. IT is a stressful environment, which makes learning a new way of doing things that much more difficult.
My focus is on the differences in writing styles that the law students must adopt when writing for their law classes. What is considered “successful writing” in an English class is quite different than in an LARW class.
*Actual example from an English paper written by a first-year law student—Name has been changed*Notice all of those features we just mentioned: long, complex sentence, concerned with pulling a universal theme from the reading. And the English majors in the room will recognize that the sentence flows nicely to our ears.
While this sentence from “Anna” is definitely shorter than the last, there are still holdovers from her English-influenced ideas of what makes for good writing.
Items that stick out to me: 1. nominalization of “totality” & passive voice: “Was provoked”
“Existential there” and repetition of many and different
And most English majors want to start their sentences with dependent clauses, cramming multiple points into one sentence. Our LARW professors discourage this, and we often will have students separate ideas into 2 sentences.This is demonstrative of what we help students do at the Writing Center—help them see their words in a different light, and try to help them liberate themselves from a specific idea of what is good writing.
The LARW classroom is a unique space, in that it endeavors to use many of the composition practices we would recognize, in the pedagogically hostile environment of the law school. There are unique issues to be navigated, but the recognizable space I think helps English students make the transition + recognition of the expertise of Compositionists in teaching writing—another kind of liberation.