Podcasting Legal Writing Lessons

Over the course of the six years I have taught here, the Law School’s technological resources have gotten better and better. For instance, every classroom in which I teach now has equipment that allows me to project documents onto a screen at the front of the classroom, working on edits as we discuss them in the classroom. I can project from the web as I discuss legal research tools, such as the law library’s helpful start page. I can play audio or video files for the class, such as tapes of oral arguments from oyez.org or from the Wisconsin Supreme Court site for my appellate writing and advocacy class.

Most recently, with the help of our IT department I have been using digital recording technology (a headset microphone and audacity software) to record some of my instruction and make it available for students to work through at their convenience. The podcasts are especially effective for material that some students need more help with than others, such as citation, grammar and punctuation, or editing for conciseness. Last semester, my students’ responses to the podcasts was overwhelmingly positive.

The pioneer podcaster among the legal writing faculty was Alison Julien, who, I understand, has moved on to “webcasting,” i.e., digital videorecordings of her instruction.

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Did You Learn About IRAC in Law School? How Did IRAC Become Such an Important Part of Legal Writing Teaching? And Should it Be?

When I became a legal writing professor, one of the first and most surprising things I learned was how important the “IRAC” (Issue, Rule, Analysis, and Conclusion) formula has become in most legal writing teaching nowadays.  Almost every legal writing textbook relies on some version of the formula.  In fact, so many legal writing professors have developed their own personalized version of the formula that the variations of the acronym form a dizzying alphabet soup:  CREAC, CRuPAC,  RAFADAC, IRLAFARC, etc., etc., etc.  

The rise of IRAC seems to have gone hand in hand with the increasing professionalization of legal writing teaching.  At the same time, legal writing teachers have long debated the uses and misuses of IRAC in legal writing and in legal writing teaching. For example, almost the entire November 1995 issue of The Second Draft (bulletin of the Legal Writing Institute) was devoted to the question of “The Value of IRAC.”

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Petition to Permit Citation of Unpublished Decisions of the Wisconsin Court of Appeals

This fall the Wisconsin Supreme Court will revisit the issue of whether to permit citation of unpublished Wisconsin Court of Appeals opinions. The issue is scheduled for hearing on October 14, 2008. The current rule forbids citation of unpublished opinions “as precedent or authority, except to support a claim of claim preclusion, issue preclusion, or the law of the case.” Wis. Stat. § 809.23(3). In January, the Wisconsin Judicial Council filed a petition asking the court to amend the rule to permit citation of unpublished opinions “for [their] persuasive value.”

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