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"While Thinking and Writing About Law is primarily geared toward law students, it should be accessible for anyone who wants to improve their abilities in legal analysis and communication. Written in an approachable, no-nonsense style, the book is divided into two parts. The first part guides readers toward an understanding of legal analysis in our common-law system. Properly conceptualizing our system of law is the most fundamental-and overlooked-component in the process of legal analysis. To that end, the book walks the reader step-by-step through the analytical process and then reinforces the reader's understanding by introducing a novel technique for visualizing legal analysis. The second part guides readers toward successful communicating their analyses to both inform and persuade. It draws upon the author's experiences as both a legal writing professor and a supreme court justice to bring a distinctive blend of academic expertise and judicial practicality to the subject"--
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
"Critical thinking is the essential tool for ensuring that students fulfill their promise. But, in reality, critical thinking is still a luxury good, and students with the greatest potential are too often challenged the least. This bestselling book introduces a powerful but practical framework to close the critical thinking gap, gives teachers the tools and knowledge to teach critical thinking to all students, empowers students to tackle 21st-century problems, and teaches students how to compete in a rapidly changing global marketplace. Colin Seale, a teacher-turned-attorney-turned-education-innovator and founder of thinkLaw, uses his unique experience to introduce a wide variety of concrete instructional strategies and examples that teachers can use in all grade levels. Individual chapters address underachievement, the value of nuance, evidence-based reasoning, social-emotional learning, equitable education, and leveraging families to close the critical thinking gap. In addition to offering examples for Math, Science, ELA, and Social Studies, this timely, updated second edition adds a variety of new examples and applications for Physical Education, Fine Arts, Foreign Language, and Career and Technical Education"--
Intended primarily for use in the first few weeks of the first-semester legal writing course, The Pre-Writing Handbook for Law Students takes a systematic approach to the process of learning legal analysis. The Handbook is designed to help students focus on and become competent in the process of legal analysis that precedes their work on early legal writing products such as memos, case briefs, and other documents. This book teaches a new approach to learning legal analysis through the introduction of a series of repeatable steps that students can apply to any legal scenario. By practicing and internalizing these analytic steps, students will experience a smoother writing process that translates into a better written product. Each chapter of the Handbook contains several useful features: Frequent metacognitive "checkpoints"--text boxes that prompt students to pause or stop in their pre-writing work and assess their own efficiency and effectiveness. Concrete examples of how the steps in the pre-writing process actually work in two fully developed recurring legal scenarios. End-of-chapter recaps that summarize the desired results of the student's work during each step of the pre-writing process. Independent Practice Exercises. The Teacher's Manual includes advice on how to incorporate this book's new approach into an existing first-semester legal writing course; complete keys to all of the book's exercises; and complete samples of objective memos, a trial brief, an opinion letter, and a demand letter for use with the recurring scenarios and the independent exercises. The thorough content of the Teacher's Manual should enable professors to use the Handbook effectively with minimal additional preparation. "The Handbook hits the nail on the head! It centers on exactly what is missing from all the other legal writing books: the deep thinking that is necessary before pen hits paper." -- Joi Montiel, Faulkner University School of Law "Writing professors have claimed for years that learning to write is learning to think; legal writing professors have claimed for years that learning legal writing entails learning legal analysis. This book makes good on both claims and provides a welcome and useful tool for anyone trying to master legal writing." -- J. Christopher Rideout, Professor of Lawyering Skills and Associate Director of the Legal Writing Program, Seattle University School of Law "You need to crawl before you can walk, walk before you can run, and run before you can fly. Professors Graham and Felsenburg will have fledgling students flying in no time." -- Louis J. Sirico, Jr., Professor of Law and Director, Legal Writing Program, Villanova University School of Law
This book provides law students with a practical and proven method of analyzing and answering essays and exam questions. Designed for students of all levels, including A-level, university, conversion, and vocational courses, the text teaches vital writing and analytical skills to help students in their substantive law studies.
Although the Common Core and C3 Framework highlight literacy and inquiry as central goals for social studies, they do not offer guidelines, assessments, or curriculum resources. This practical guide presents six research-tested historical investigations along with all corresponding teaching materials and tools that have improved the historical thinking and argumentative writing of academically diverse students. Each investigation integrates reading, analysis, planning, composing, and reflection into a writing process that results in an argumentative history essay. Primary sources have been modified to allow struggling readers access to the material. Web links to original unmodified primary sources are also provided, along with other sources to extend investigations. The authors include sample student essays from each investigation to illustrate the progress of two different learners and explain how to support students’ development. Each chapter includes these helpful sections: Historical Background, Literacy Practices Students Will Learn, How to Teach This Investigation, How Might Students Respond?, Student Writing and Teacher Feedback, Lesson Plans and Materials. Book Features: Integrates literacy and inquiry with core U.S. history topics. Emphasizes argumentative writing, a key requirement of the Common Core. Offers explicit guidance for instruction with classroom-ready materials. Provides primary sources for differentiated instruction. Explains a curriculum appropriate for students who struggle with reading, as well as more advanced readers. Models how to transition over time from more explicit instruction to teacher coaching and greater student independence. “The tools this book provides—from graphic organizers, to lesson plans, to the accompanying documents—demystify the writing process and offer a sequenced path toward attaining proficiency.” —From the Foreword by Sam Wineburg, co-author of Reading Like a Historian “Assuming literate practice to be at the core of history learning and historical practice, the authors provide actual units of history instruction that can be immediately applied to classroom teaching. These units make visible how a cognitive apprenticeship approach enhances history and historical literacy learning and ensure a supported transition to teaching history in accordance with Common Core State Standards.” —Elizabeth Moje, Arthur F. Thurnau Professor, School of Education, University of Michigan “The C3 Framework for Social Studies State Standards and the Common Core State Standards challenge students to investigate complex ideas, think critically, and apply knowledge in real world settings. This extraordinary book provides tried-and-true practical tools and step-by-step directions for social studies to meet these goals and prepare students for college, career, and civic life in the 21st century.” —Michelle M. Herczog, president, National Council for the Social Studies
A concise and practical manual on developing reading, writing, and critical thinking skills in tandem For college students learning how to write on scholarly subjects, writing and critical thinking go hand in hand. And yet most books on these topics are categorized separately: writing guides and critical thinking handbooks. This book is different, offering a manual for developing reading, writing, and thinking skills in tandem. With short, practical chapters, Thinking through Writing helps readers learn to think critically about themselves and the world at large, read carefully and get the necessary literary support, write clearly and persuasively, stay on point, and finish their work as cleanly and compellingly as possible. Drawing on years of teaching critical thinking and writing, including almost a decade of teaching Harvard’s freshman expository writing course, the authors invite readers to consider the intimate relationship between thinking and the creative, critical, self-actualizing act of writing. • Interviews with some of the most interesting and brilliant writers working today • Advice on how to structure an argument, write for an audience, work through writer’s block and anxiety, and much more • Tips on how to make your writing unique and personal • Exercises and templates to help novice writers reach their full potential in practice
This textbook is designed to enhance the thinking and writing skills that students need for both academic and occupational success. It helps to prepare students for the verbal portions of the SAT, PSAT, ACT, GED, and GRE and offers tips on how to pass writing tests often required for promotion/graduation and on-the- job writing assignments.
This is a different kind of book about legal writing. It assumes its readers are good writers who have already absorbed most of the usual advice about legal writing. But they may lack the intellectual framework for 'thinking like a writer' with the same incisiveness with which they think like a lawyer. This book provides that framework. It focuses on the underlying principles for communicating complicated information clearly and for establishing your credibility with demanding audiences. As a result, it helps to transform good writers into first-rate ones, and to make them far more efficient and powerful editors of their own writing and of others' drafts. Its unique approach will benefit supervising lawyers who do more editing than writing, as well as lawyers who do their own drafting.