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Resistance is Futile: How Legal Writing Pedagogy Contributes to the Law's Marginalization of Outsider Voices

Kathryn M. Stanchi

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Abstract

Discourse community refers to the social context in which speaking or writing takes place-for example the people, the culture, the history.See Rideout & Ramsfield, supra note 6, at 57-58; see also infra notes 33-34 and accompanying text.14.As a shorthand, I refer to those people who have been traditionally excluded from the creation and practice of the law as "outsiders."This has become something of a term of art.See, e.g., Mari Matsuda, Affirmative Action and Legal Knowledge: Planting Seeds In Plowed-Up Ground, 11 HARV.WOMEN'S L.J. 1, 1 n.2 (1988); Margaret E.

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Discourse community refers to the social context in which speaking or writing takes place-for example the people, the culture, the history.See Rideout & Ramsfield, supra note 6, at 57-58; see also infra notes 33-34 and accompanying text.14.As a shorthand, I refer to those people who have been traditionally excluded from the creation and practice of the law as "outsiders."This has become something of a term of art.See, e.g., Mari Matsuda, Affirmative Action and Legal Knowledge: Planting Seeds In Plowed-Up Ground, 11 HARV.WOMEN'S L.J. 1, 1 n.2 (1988); Margaret E.

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Available abstract

Discourse community refers to the social context in which speaking or writing takes place-for example the people, the culture, the history.See Rideout & Ramsfield, supra note 6, at 57-58; see also infra notes 33-34 and accompanying text.14.As a shorthand, I refer to those people who have been traditionally excluded from the creation and practice of the law as "outsiders."This has become something of a term of art.See, e.g., Mari Matsuda, Affirmative Action and Legal Knowledge: Planting Seeds In Plowed-Up Ground, 11 HARV.WOMEN'S L.J. 1, 1 n.2 (1988); Margaret E.

Key concepts: Legal writing, Dilemma, Framing (construction), Sociology, Legal education, Legal realism, Pedagogy, Law

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