A publication of the Association of Legal Writing Directors

Legal Communication & Rhetoric: JALWD
Advancing the study of professional legal writing and lawyering.

Helena Whalen Bridge alwd award

Professor Linda L. Berger

In July, as we were putting this volume to bed, Wanda M. Temm, president of our parent organization, announced the creation of a Lifetime Achievement Award for Excellence in Legal Writing Scholarship. Professor Temm explained that the award will celebrate “those who have written influential articles, books, or essays, and otherwise had a major impact on scholarship, perhaps through making presentations, mentoring, serving on editorial boards of various publications, sponsoring scholarship workshops and fora—virtually everything related to scholarship.” The award was then presented to our Journal’s co-founder, and first editor-in- chief, Professor Linda L. Berger.

From the remarks of Professor Temm:

Without a doubt, our rock star in legal writing scholarship. This modest lady, as that is how we all think of her, is humble, relaxed, warm, charming, and humorous—to list only a few of her many characteristics. Indeed, her prolific work established legal writing within the legal academy as a true discipline with a doctrinal foundation on which to build its own body of scholarly literature.

Moreover, she has been generous in her efforts to support other scholars in the field, leading presentations, and workshops about legal writing scholarship, and helping new scholars find their voice. There is perhaps no other individual in our community that has had the same profound impact on the discipline of legal writing than our recipient.

Indeed, this person spearheaded the creation of ALWD’s peer- reviewed journal: the Journal of the Association of Legal Writing Directors, now known as Legal Communication & Rhetoric: JALWD.

The award, hereafter, will be named for her. The Linda L. Berger Lifetime Achievement Award for Excellence in Legal Writing Scholarship.

The editors of Legal Communication & Rhetoric: JALWD enthusiastically congratulate our editorial progenitor, Linda Berger, for being acknowledged in this way. And we would also like to congratulate and thank the Board of Directors of ALWD for creating an award dedicated to supporting scholarship and Linda’s vision for a peer-reviewed journal. Her most recent scholarship, edited with Kathryn Stanchi and Bridget Crawford, is Feminist Judgments: Rewritten Opinions of the United States Supreme Court, published just last year, but she also has a long and impressive legacy of articles devoted to the role of metaphor in law and legal rhetoric. No one we know could be more deserving of such recog- nition of her scholarship, her leadership, her mentoring, and her tireless energy working to develop a discipline of legal rhetoric. A bibliography of her contributions is included, demonstrating the depth and reach of her work.

The Editorial Board of

LEGAL COMMUNICATION & RHETORIC: JALWD

July, 2017

Bibliography of Works by Linda L. Berger, Family Foundation Professor of Law, University of Las Vegas, William S. Boyd School of Law

Books

Linda L. Berger & kathryn M. Stanchi, Legal Persuasion: A Rhetorical Approach to the Science (2018).

Legal Research: Examples and Explanations (Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford eds., 2016).

Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Terrill Pollman, Jeanne Frazier Price, & Linda L. Berger eds., 2016).

Book Chapters

Linda L. Berger, Rhetorical Constructions of Precedent: Justice Scalia’s Free Exercise Opinion, in Justice Scalia: Rhetoric and the Rule of Law (Brian Slocum & Francis J. Mootz III eds., 2018).

Linda L. Berger & Kathryn M. Stanchi, Gender Justice: The Role of Stories and Images, in Narrative and Metaphors in the Law (Michael Hanne & Robert Weisberg eds., 2017).

Linda L. Berger, When Less is More: An Ideological Rhetorical Analysis of Selected ABA Standards on Curricula and Faculty, in The Doctrine/Skills Divide: Legal Education’s Self-Inflicted Wound (Linda H. Edwards ed., 2017).

Linda L. Berger, Alternative Conceptions of Legal Rhetoric: Open Hand, Closed Fist, in Rhetorical Process and Legal Judgments (Austin Sarat ed., 2016).

Linda L. Berger, Introduction to the U.S. Feminist Judgments Project, in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Linda L. Berger et al. eds., 2016).

Articles

Linda L. Berger, Bridget J. Crawford & Kathryn M. Stanchi, Feminist Judging Matters: How Feminist Theory and Methods Affect the Process of Judgment, U. Balt. L. Rev. (forthcoming 2018).

Linda L. Berger, Bridget J. Crawford & Kathryn M. Stanchi, Using Feminist Theory to Advance Equal Justice under Law, 17 Nev. L. J. 539 (2017).

Linda L. Berger, Creating Kairos at the Supreme Court: Shelby County, Citizens United, Hobby Lobby, and the Judicial Construction of Right Moments, 16 J. App. Prac. & Process 147 (2015).

Linda L. Berger, The Color-Blind Constitution: Choosing a Story to Live By, 2015 Mich. St. L. Rev. 1397 (2015).

Linda L. Berger, A Rhetorician’s Practical Wisdom, 66 MERCER L. REV. 459 (2015). Linda L. Berger, Metaphor and Analogy: The Sun and Moon of Legal Persuasion, 22 J. L. & Pol’y 147 (2013).

Linda L. Berger, A Revised View of the Judicial Hunch, 10 Legal Comm. & Rhetoric: JALWD 1 (2013).

Linda L. Berger, Metaphor in Law as Poetic and Propositional Language, The European Legacy: Towards New Paradigms, J of the Int’l Soc’y for the Study of Eur. Ideas (ISSEI) (2013).

Linda Berger & Jack L. Sammons, The Law’s Mystery, 2 Brit. J. Am. Leg. Stud. 1 (2013).

Linda L. Berger, The Lady, or the Tiger? A Field Guide to Metaphor & Narrative, 50 Washburn L.J. 275 (2011).

Linda L. Berger, Studying and Teaching “Law as Rhetoric”: A Place to Stand, 16 Legal Writing 3 (2010).

Linda L. Berger et al., The Past, Presence, and Future of Legal Writing Scholarship: Rhetoric, Voice, and Community, 16 Legal Writing 521 (2010).

Linda L. Berger, Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching and Scholarship, 61 Mercer L. Rev. 803 (2010).

Linda L. Berger, How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis of Metaphor, Narrative, and Imagination in Child Custody Disputes, 18 S. Cal. Interdisc. L.J. 259 (2009).

Linda L. Berger, Of Metaphor, Metonymy, and Corporate Money: Rhetorical Choices in Supreme Court Decisions on Campaign Finance Regulation, 58 Mercer L. Rev. 949 (2007).

Linda L. Berger, What is the Sound of a Corporation Speaking? How the Cognitive Theory of Metaphor Can Help Lawyers Shape the Law, 2 J. ALWD 169 (2004). Linda L. Berger, Shielding the Unmedia: Using the Process of Journalism to Protect the Journalist’s Privilege in an Infinite Universe of Publication, 39 Hous L. Rev. 1371 (2003).

Linda L. Berger, Do Best Practices in Legal Education Include Emphasis on Compositional Modes of Studying Law as a Liberal Art?, 1 J. ALWD 158 (2002).

Linda L. Berger, Lies Between Mommy and Daddy: The Case for Recognizing Spousal Emotional Distress Claims Based on Domestic Deceit That Interferes with Parent-Child Relationships, 33 Loy. L.A. L. Rev. 449 (2000).

Linda L. Berger, A Reflective, Rhetorical Model: The Legal Writing Teacher as Reader and Writer, 6 Legal Writing 57 (2000).

Linda L. Berger, Applying New Rhetoric to Legal Discourse: The Ebb and Flow of Reader and Writer, Text and Context, 49 J. Legal Educ. 155 (1999).

Linda L. Berger, Note, Government-Owned Media: The Government as Speaker and Censor, 35 Case W. Res. L. Rev. 707 (1985).

Commentaries, Essays, and Reviews

Linda L. Berger, Rhetoric & Reality in the ABA Standards, 66 J. Leg. Educ. 553 (2017).

Linda L. Berger, “Law &” Meets “Law as,13 LEGAL COMM. & RHETORIC: JAWLD 221 (2016) (reviewing The Handbook of Law and Society (Austin Sarat & Patrick Ewick eds., 2015)).

Linda L. Berger, Whatever, The Second Draft: The Bulletin of the Legal Writing Institute (Summer 2013).

Linda L. Berger, What is the Sound of a Corporation Speaking? “Just Another Voice,” According to the Supreme Court, Admin & Reg. L. News 8 (Spring 2010).

Practice Oriented Publications

Linda L. Berger, Document Design for Lawyers: The End of the Typewriter Era, Ga. B. J. 62

Linda L. Berger, Master Metaphors: Metaphors Have the Power to Help Us Reason, Learn, and Persuade, Complete Lawyer (Nov. 2008).

Editor-in-Chief of this Journal for six themed volumes:

Volume 7 Metaphor & Narrative (2010) (with Ian Gallacher).

Volume 6 Best Practices in Persuasion (2009) (with Ian Gallacher).

Volume 5 Legal Writing Beyond Memos and Briefs (2008).

Volume 4 When Worlds Collide (2007).

Volume 3 Rhetoric & Argumentation (2006).

Volume 2 Learning/Thinking/Writing (2004).