This Article will examine the ways in which legal writing pedagogy contributes to the marginalization of outsider voices in the law. In Part II, the Article explores the two reigning pedagogies of legal writing and describes the linguistic model used to gauge how teaching law as language marginalizes outsider voices. In Part III, the Article applies the linguistic model to explore specific examples of how legal writing pedagogy may contribute to the marginalization of certain groups by focusing on audience and socializing them into the culture and language of law. In Part IV, the Article considers various solutions, all of which include the suggestion that law school must teach more critical legal theory and methodology in the first year, in a way that demonstrates how to incorporate them into legal practice. The Article concludes that, notwithstanding the practical problems associated with this suggestion, the academy should consider expanding legal writing courses to teach students to incorporate concepts of critical theory into the art of lawyering.
103 Dickinson L. Rev. 7 (1998).
Stanchi, Kathryn M., "Resistance is Futile: How Legal Writing Pedagogy Contributes to the Law's Marginalization of Outsider Voices" (1998). Scholarly Works. 1240.