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In response, those in the legal writing academy formed the Legal Writing Institute (“LWI”) and the Association of Legal Writing Directors (“ALWD”) to provide such support and to advocate on behalf of their membership.By Wilma Artistic Administrator Mariah Ghant As Bennardo concedes, “legal writing faculty are generally afforded lesser status in legal academia.” When the ABA required that law schools offer “at least one rigorous writing experience” to secure accreditation, they began to adopt formalized legal writing programs4 but did not offer teaching and scholarship support for legal writing faculty. Moreover, following Professor Bennardo’s advice would likely undermine many of the strides legal writing professors have made over the last two decades indeed, legal writing professors would once again become isolated, alienated, and silenced, possibly destroying the discipline.īy way of background, the legal writing community is comprised of professors who teach legal writing, the vast majority of whom are women. While his fundamental argument is that the legal writing community should focus less on legal writing equity issues and more on scholarly debate, he neither supports this argument nor examines the interrelationship between the two. Professor Kevin Bennardo’s article entitled, Legal Writing’s Harmful Psyche, challenges the core values of the legal writing community. The indigenous population continues to experience the ongoing harms of colonialization-today Native Hawaiians in Hawai‘i occupy the bottom rungs of the islands’ socioeconomic ladder. military participated in the illegal overthrow of the Hawaiian Kingdom. Military personnel, missionaries, capitalists, and laborers recruited to work on sugar plantations migrated to the islands en masse, and by the end of the nineteenth century, the native population had been overwhelmed and substantially diminished.
After Hawaiians first interacted with Europeans in 1778, however, the native population began to fight disease, high infant mortality rates, and housing and healthcare inadequacies.
The native inhabitants of the archipelago enjoyed an abundance of natural resources, which they consumed on a communal and subsistence basis, leaving ample time for the pursuit of social and cultural activities such as surfing and hula. Hawai‘i was once an independent and sovereign nation. That setting inspired, shaped, and guided the arguments in this Article. I began writing this Essay at the foot of the Ko‘olau Mountain Range on the windward side of the island of O‘ahu while on my summer break from teaching. They have duties to their clients, to the courts, and to the public those duties are inconsistent with misrepresenting fact or law, and they are inconsistent with misusing the money or property that others have entrusted to their care.īut what about lawyers who “present another person’s ideas, information, expressions, or entire work as own,” thereby engaging in plagiarism? Plagiarizing lawyers have been disciplined based on the notion that they lied, misrepresenting someone else’s ideas or language as their own they can also be declared copyright infringers for misusing another lawyer’s intellectual property by copying that person’s legal writing without permission. Lawyers who lie or steal can face disciplinary consequences for those misdeeds, as they should. should help the bar regulate itself in the public interest.” that the poor and sometimes persons who are not poor, cannot afford adequate legal assistance. “As a public citizen, a lawyer should seek improvement of.