808 Advanced Legal Writing: Problem-Solving & Writing - §001, Fall 2008

Categories: Legal Writing

Instructor(s) Kaiser, Aviva

Problem Solving and

(2-3 variable credits)  Legal
writing is problem solving on many levels. It begins with the sublime: defining
and solving the underlying legal problem. But it also includes the mundane:
defining and solving the many problems that arise when writing (crystallizing
and communicating) the solution. Students will learn about different models of
problem solving such as formalistic and naturalistic methods. Students will also
learn to evaluate how language is used in various documents.  For example, is it "wordsmithing"
or is it risk allocation through the use of knowledge qualifiers or degrees of obligation? Or, when is it better to
use a stipulative definition rather than a lexical definition?

Students will
incorporate this learning into an advice letter, a demand letter, and a
contract.  Students will also give an
oral presentation based on blink by Malcom Gladwell.





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