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Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Legal Research and Writing)

Author: Michael R. SmithASIN: 0735520143Binding: PaperbackList price: $54.00Amazon price: $54.00

The Elements of Legal Style

Author: Bryan A. GarnerASIN: 0195141628Binding: HardcoverList price: $30.00Amazon price: $25.88

The Lawyer’s Guide to Writing Well, Second Edition

Author: Tom Goldstein, Jethro K. LiebermanASIN: 0520234731Binding: PaperbackList price: $22.95Amazon price: $15.61

Legal Method And Writing

Author: Charles R. CallerosASIN: 0735553750Binding: PaperbackList price: $76.00Amazon price: $95.50

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts

Author: Bryan A. GarnerASIN: 019517075XBinding: HardcoverList price: $55.00Amazon price: $71.12

Briefing and Arguing Federal Appeals

Author: Frederick Bernays WienerASIN: 1584771836Binding: HardcoverList price: $85.00Amazon price: $110.11

LLRX Book Review by Heather A. Phillips – Nation of Secrets and Presidential Secrecy and the Law

Heather A. Phillips reviews two new books which present various perspectives on the expanding ramifications on our lives, and to our democracy, of government secrecy.

After Hours: Recommended Reading

Kathy Biehl discusses a free advocacy group sponsored healthletter that examines and often challenges acknowleged nutritional and health claims. She also highlights a new book of photographs of and interviews with women that demonstrates their respective diverse and unique slants on power outfits.

Rule the Web

Web marketing expert Julia Wotipka reviews a new book on creative, productive and engaging ways to leverage all aspects of web publishing, authored by the co-founder of one of the five most visited blogs on the Web, Boing Boing.

Presidential Secrecy and the Law

Author: Robert M. Pallitto, William G. Weaver ASIN: 0801885825 Binding: Hardcover List price: $50.00 Amazon price: $63.41

Nation of Secrets: The Threat to Democracy and the American Way of Life

Author: Ted GupASIN: 0385514751Binding: HardcoverList price: $24.95Amazon price: $40.86

Trappings: Stories of Women, Power, and Clothing

Author: ASIN: 0813541840Binding: HardcoverList price: $29.95Amazon price: $21.86

Rule the Web: How to Do Anything and Everything on the Internet—Better, Faster, Easier

Author: Mark FrauenfelderASIN: 0312363338Binding: PaperbackList price: $14.95Amazon price: $15.04

Burney’s Legal Tech Reviews: Elegantly Designed USB and Firewire Hub; Software Offers Users Self-Paced Program for Learning 30 Languages

Brett Burney reviews the beautifully designed LaCie Hub and the “dynamic immersion” language learning programs available from the Rosetta Stone software.

After Hours: Best of the Fancy Food Show

During Kathy Biehl’s foray to the Summer Fancy Food Show this summer in New York City she was introduced to a showcase of unusual new products and trends in specialty foods. The natural and organic foods pavilion yielded interesting finds about which she also shares details.

LLRX Book Review by Heather A. Phillips – Eye for an Eye

Heather A. Phillips reviews William Ian Miller’s, Eye for an Eye, in which he closely examines the ties between the literal realism of “an eye for an eye”, and notions of honor and redemption.

LLRX Book Review by Heather A. Phillips

Heather A. Phillips joins LLRX with a regular book review column. This month’s titles are Evolution, Intelligent Design and a School Board in Dover, PA and The Supreme Court and the Religion Clauses.

Masters of Illusion: The Supreme Court and the Religion Clauses

Frank S. Ravitch, amazon.com/gp/redirect.html%3FASIN=0814775853%26tag=lawlibraryresourc%26lcode=xm2%26cID=2025%26ccmID=165953%26location=/o/ASIN/0814775853%253FSubscriptionId=0JEKXTWNECEXBJGY7RR2">Masters of Illusion: The Supreme Court and the Religion Clauses. (New York University Press, 2007) ISBN 978-0814775851

The issue of neutrality is one that Ravitch takes issue with. In fact, his second chapter baldly proclaims that “Neutrality, whether formal or substantive, does not exist in the religion clause context,”. He goes on to observe that “Claims of neutrality cannot be proven. There is no independent neutral truth to baseline to which they can be tethered. This is important because it means that any baseline to which we attach neutrality is not neutral, and claims of neutrality built on these baselines are by their nature not neutral.” Ravitch is similarly suspicious of hard originalism, finding that originalist analysis often ends up in a “battle of the framers”. Observing that, “short of inventing a time machine and bringing a cadre of pollsters from Gallup back in time, it is unlikely that we will ever know what the framers intended about the wide array of specific issues confronting courts in the religious clause context”.

Taken together, the ideals of neutrality and originalism are two major bulwarks of religious clause interpretation in modern federal jurisprudence. Examining contemporary issues such as the display of crosses on public grounds, the display of the Ten Commandments and school prayer, Ravitch illustrates their weaknesses, noting that, “the current approach of relying on often unsubstantiated interpretive devices … has not led to great clarity or a better understanding of religion clause interpretation. Claiming that original intent or neutrality supports a position is not the same as proving it, and when one’s evidence for these approaches can be easily countered by judges or commentators who hold a different perspective, the likelihood of confusion is greater.”

Contending that “multiple, narrow principles of interpretation can lead to more clarity, consistency, and coherence in religious clause interpretation”, Ravitch draws upon the work of Philip Bobbitt in advancing the use of what Ravitch terms the “modal approach” in order to find a more equitable and just approach to the interpretation of the religion clauses. Ravitch advances the use of principles such as separationism, accommodationism, liberty, equality, “soft” originalism (defined as the broad intent of the framers) and pragmatism as narrow, cooperative principals rather than broad, exclusionary ones in order to lead to ” better, or at least more realistic, legal reasoning”.

In contrast to Slack’s approachable, journalistic style, Ravitch writes in a manner more characteristic of legal scholarship. His prose is dense, closely reasoned and in places difficult. However, this book will undoubtedly find a place in a specialist collection, particularly in a law school collection that focuses on religion clause jurisprudence. Slack’s more accessible style and clear manner of writing makes this book suitable for both the specialist and the general audience.

The Battle Over the Meaning of Everything: Evolution, Intelligent Design, and a School Board in Dove

Gordy Slack, amazon.com/gp/redirect.html%3FASIN=0787987867%26tag=lawlibraryresourc%26lcode=xm2%26cID=2025%26ccmID=165953%26location=/o/ASIN/0787987867%253FSubscriptionId=0JEKXTWNECEXBJGY7RR2">The Battle Over the Meaning of Everything: Evolution, Intelligent Design and a School Board in Dover, PA. (Wiley, 2007) ISBN 978-0-7879-8786-2

While several books have been written about Intelligent Design, and a (smaller) number about the Kitzmiller trial, Slack’s account is unique in that he examines the town of Dover, the events, personalities, motivations and strategies involved with the trial in addition to the trial itself and Intelligent Design as a theory. Moreover, Slack uses his account of the controversy in Dover as a lens, examining the tensions of the culture war, and also his relationship with his father, a convert to evangelical Christianity. This examination; by turns microcosmic, by turns macrocosmic, could easily have led to a muddled account of the trial itself. Slack avoids this trouble, recounting the facts with clarity and journalistic precision, but also with a welcome wryness and sense of humor which is particularly welcome on a book dealing with such a controversial subject.

Though the book does examine the trial, it does not begin with opening arguments, or even a precis of the controversy. Slack’s account begins with the stirrings of unrest in Dover recounting such events as the 2002 burning of a student mural featuring a depiction of ape-hominid evolution inspired by “The March of Progress”, the oft-parodied cultural icon showing “nine nearly life-size bipedal figures running across the savanna, from left to right on the mural, representing different stages of early hominid evolution…. a take-off on the classic evolutionary progression image”. Slack goes on to recount the school board’s actions, culminating in the celebrated trial – which Slack reports from pretrial strategy to Judge Jones’ opinion, and subsequent school board elections and current community resolution.

Slack does not pretend to be neutral. Quite the opposite, he states his approach and point of view clearly at the beginning of the book. That this colors his perceptions is unarguable as well as unavoidable. His presentation of his non-neutral point of view enhances the honesty of his account, and makes the point that everyone – in the town of Dover as well as in America as a whole, approaches the trial of Science v. Faith subjectively. As one Intelligent Design proponent interviewed in the book put it, “There is a war going on in our culture. One side says that God made man, and the other side says that man made God”. If this is truly a culture “war”, then it is a civil war as well, and there are few, if any, neutral parties.

Burney’s Legal Tech Reviews: The Kingston Data Traveler Reader and New Jabra Bluetooth Headset

Brett Burney’s practical recommendations for price conscious gadget aficionados never disappoint, and this month is no exception. A nifty new thumbdrive and memory stick combo and a Bluetooth headset that is comfortable for day-long use will no doubt be on your must have list.