How to write a judicial opinion
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Latest issue of Legal Communication & Rhetoric: JALWD

The Fall 2012 issue of Legal Communication & Rhetoric: JALWD is out. If you didn’t get a hard copy in the mail, don’t worry; all the articles are available online. For a run-down on the contents, read the preface.

If you’re interested in the controversy over the Patient Protection and Affordable Health Care Act (a.k.a. Obamacare), then have a look at Ken Chestek’s article, Competing Stories: A Case Study of the Role of Narrative Reasoning in Judicial Decisions. Prof. Chestek examines the trial-court briefs in the various legal challenges against the Act and the resulting decisions in those challenges. He concludes that, contrary to the conventional wisdom, the decisions may not have been based on the judges’ respective political leanings, but on the competing stories presented in the parties’ briefs.

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