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Legal Commentary

: Prawfs

My memo on exam-writing

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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I have given my students the attached memo for the last three years. Download Exam_memo.pdf Feel free to use it yourself, if you like: I hereby waive any copyright.

The memo offers precisely the same advice as Eric Johnson's recent post. The essential point is that facts + law = analysis, while Law alone = vomit. Students hate this advice, because applying the law to facts requires them to think rather than regurgitate or opine. Few people like to think for more than a few minutes at a time, and with good reason: Thinking is a painful and annoying activity, albeit with long-term payoff, like running long distances regularly or raising toddlers.

Full post as published by Prawfs on May 15, 2008 (boomark / email).

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