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Abstract:
The role of metaphor in the law has been a hot topic among legal scholars in recent years. In fact, recent scholarly works on metaphor in the law (and the more general works on metaphor that have served as their basis) have addressed the topic from the standpoints of numerous disciplines, including linguistics, philosophy, rhetoric, cognitive psychology, and literary theory. Because of these vastly different approaches to the topic, however, much of the literature on metaphor in the law is difficult to reconcile. Moreover, while these scholarly works have increased lawyers' appreciation and understanding of the prevalence and power of metaphor in legal discourse, the absence of some type of organizational scheme has made it difficult for legal advocates to harness this power so that it can be used in their everyday practices.

This article, then, has two primary goals. First, this article attempts to reconcile some of the approaches to the topic of "metaphor and the law" by identifying four "levels" of metaphor operating in legal analysis and writing. . . . The second, and more practical, goal of this article is to analyze the specific implications of these four levels of metaphor on the practice of persuasive legal writing. While most of the recent scholarship on metaphor has made it clear that metaphors are more than mere rhetorical or literary devices, these works do not diminish the importance of metaphor to legal rhetoricians. To the contrary, the more the legal profession learns about metaphors, the more opportunities exist for legal advocates to develop rhetorical strategies around them. Thus, while this Article acknowledges that metaphors are more than rhetorical devices, it nevertheless demonstrates that metaphors, more than ever, can and do serve as the basis for numerous rhetorical strategies.

metaphor, legal writing, rhetoric, legal advocacy, persuasion, persuasive legal writing

Abstract:
This bibliography supplements the articles in this volume of the Journal of the Association of Legal Writing Directors (J. ALWD) by setting out a list of other works that have been written in the growing area of legal writing scholarship that relates classical and contemporary rhetoric theory to the practice of professional legal writing. The scope of this bibliography is limited in two ways. First, the works listed here focus primarily on how rhetoric theory applies to the discipline of legal writing. While rhetoric is a discipline unto itself, only a few works on general rhetoric theory have been listed here. The first limitation implies the second. This bibliography lists works that focus on rhetoric theory and legal writing; it does not list more generally works that focus on rhetoric theory and "the law." The works listed are broken into two main groups which correspond with the two main schools of rhetoric: Classical Rhetoric and Contemporary Rhetoric.

rhetoric, rhetoric theory, classical rhetoric, contemporary rhetoric, bibliography, legal writing, professional legal writing, discipline

Abstract:
This volume represents another milestone for the Association of Legal Writing Directors (ALWD). Not only does this volume mark ALWD's official entry into periodical publishing, but also it marks the beginning of ALWD's latest effort to expand and improve the field of legal writing. More specifically, with the creation of this Journal, ALWD announces in dramatic fashion that it will take a lead role in the development and expansion of substantive legal writing doctrine. Since its inception in 1996, ALWD has diligently sought to improve legal writing as a discipline and as a profession . . . . Now, with the publication of this Journal, ALWD takes a fifth approach. The Mission of this Journal is very specific and unique. Briefly stated, "[t]he purpose of the Journal of the Association of Legal Writing Directors (J. ALWD) is to develop scholarship focusing on the substance of professional legal writing and to make that scholarship accessible and helpful to practitioners as well as to legal writing teachers." Rather than producing a journal on legal writing in general, ALWD has taken a bold move and has decided to dedicate this Journal to one specific genre of legal writing scholarship: scholarship that explores the substance of legal writing. This article examines the meaning and implications of this novel mission of the Journal.

legal writing, scholarship, discipline, legal writing scholarship, professional legal writing

Abstract:
Recent surveys indicate that more and more law schools are beginning to offer legal writing courses beyond those required in the first year. . . . One by-product of the boom in advanced legal writing courses has been the recent publication of numerous books and articles on the topic. . . . As these books and articles make clear, there is no consensus among legal writing professionals as to what substance an advanced legal writing course should cover. . . . In this article, I attempt to summarize and categorize the various approaches of advanced legal writing courses. . . . It should be emphasized that my aim is breadth rather than depth. Unlike most of the existing articles on advanced legal writing, which provide detailed suggestions for designing and teaching a specific course, this article briefly summarizes the various substantive approaches and their primary advantages and disadvantages. I hope it will serve as a starting point for legal writing professionals who are thinking about designing a new advanced course, and for all faculty who are contemplating additions to their school's legal writing curriculum and would like an overview of the different courses being offered at other schools around the country.

legal writing, advanced legal writing, advanced legal writing courses, curriculum, law school curriculum, legal drafting, transactional drafting, litigation drafting, legislative drafting, judicial opinion writing, scholarly legal writing, critical analysis writing, seminar papers, advanced appella