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The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers, ISBN-13: 978-1454818380



  • Format: PDF
  • Publisher: ‎ Aspen Publishers; Aspen Coursebook edition (June 27, 2013)
  • Language: ‎ English
  • 300 pages
  • ISBN-10: ‎ 9781454818380
  • ISBN-13: ‎ 978-1454818380

Students crave examples of how to write effectively, and The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers satisfies with a powerful “show-don’t-tell” approach. The text thoughtfully compiles approximately 160 short, stellar excerpts of legal advocacy and analysis and demonstrates vital principles by using documents from exciting, timely cases: the WikiLeaks controversy, the Deepwater Horizon litigation, the Independent Counsel’s investigation of President Clinton, Facebook’s battle with the Winklevoss twins, and the prosecution of Bernie Madoff. Detailed annotations give insight into what makes each document so effective, and each chapter ends with one or two unannotated examples for in-class discussion and analysis. For year-long courses, this book is a stellar option for second-semester students. Mirroring the sophistication of doctrinal textbooks, The Art of Advocacy stresses strategic choices and the art of building compelling substantive arguments. The text focuses on briefs and motions¿developing a theme, framing issues, and isolating examples of specific doctrinal, textual, and policy arguments. Many chapters are devoted to the documents lawyers write most often, such as e-mails, letters, memos, and motions. An innovative layout helps students engage with the material. Exemplary Legal Writingcontains never-published “private and confidential” 1957 advice on written advocacy from the legendary Karl Llewellyn. A comprehensive Teacher’s Manual provides sample syllabi, additional discussion points, discussion points on the unannotated examples at the end of each chapter, and exercises.

Noah Messing is Yale Law School’s Lecturer in the Practice of Law and Legal Writing. He teaches appellate advocacy, advanced legal writing, drafting, and arbitration, and he will help to run Yale’s Supreme Court Advocacy clinic during the 2013-2014 academic year. Noah has trained more than 1,000 judges and attorneys to write more effectively. During law school, Noah served as a Coker Fellow and as an editor of The Yale Law Journal. For his work in the Morris Tyler Moot Court of Appeals program, he received both the Benjamin Cardozo Prize for the year’s best brief and the Potter Stewart Prize for winning the Spring semester moot court competition. Following graduation, Noah worked as a trial and appellate litigator in Washington D.C., as Counsel to Senator Hillary Clinton, and as Associate Counsel to the Hillary Clinton for President campaign. In 2013, he chaired the Legal Writing, Reasoning and Research section’s panel at the annual conference of the Association of American Law Schools, speaking about the “Past, Present, and Future of Appellate Briefs.” His work on commercial speech has appeared in The New England Journal of Medicine, and he is an arbitrator with the American Arbitration Association.


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