2016年5月30日 星期一

《民意,誰說了算?人民知情的抉擇》註腳-第十一章

第十一章:耍嘴皮、喊口號的律師
                   用論說文培養批判性思考能力
註腳
1 朱真楷,柯文哲:律師世代應該結束了,中時電子報,201417日,http://www.chinatimes.com/realtimenews/20140107002282-260407(最後瀏覽日:201659)。
2 大考中心網站,104學年度學科能力測驗 國文考科及英文考科作文佳作,http://www.ceec.edu.tw/GoodWritingPieces/104SatGoodWritingPieces/104%E5%AD%B8%E6%B8%AC%E5%9C%8B%E8%8B%B1%E4%BD%B3%E4%BD%9C.htm(最後瀏覽日:2015731日)。
3 胡清暉、林志成,作文「獨享」 寫出轉折拿高分,中時電子報,201522日,http://www.chinatimes.com/newspapers/20150202000301-260102 (最後瀏覽日:2015731日)。
4 SAT Essay Prompts, https://professionals.collegeboard.com/testing/sat-reasoning/prep/essay-prompts (last visited July 31, 2015); http://www.cracksat.net/sat/essay/442.html (last visited May 10, 2016) (“Assignment: Is listening more important than speaking when you are trying to persuade others? Plan and write an essay in which you develop your point of view on this issue. Support your position with reasoning and examples taken from your reading, studies, experience, or observations.”).
5 孫蓉萍,在台灣死背就能拿分 去美國才學會可帶走的能力,今周刊913期,2014619日,http://www.businesstoday.com.tw/article-content-80409-108629(最後瀏覽日:2015731日)。
6 The Writing Center, College Writing, University of North Carolina at Chapel Hill, http://writingcenter.unc.edu/ handouts/college-writing/ (last visited July 31, 2015) (“In a classic five-paragraph theme, the first paragraph starts with a general statement and ends with a thesis statement containing three “points”; each body paragraph discusses one of those “points” in turn; and the final paragraph sums up what the student has written.”).
7  Id. (“The five-paragraph theme is a good way to learn how to write an academic essay. It’s a simplified version of academic writing that requires you to state an idea and support it with evidence. Setting a limit of five paragraphs narrows your options and forces you to master the basics of organization…Writing a five-paragraph theme is like riding a bicycle with training wheels; it’s a device that helps you learn. That doesn’t mean you should use it forever. Once you can write well without it, you can cast it off and never look back.”).
8  Id. (“The five-paragraph theme is a good way to learn how to write an academic essay. It’s a simplified version of academic writing that requires you to state an idea and support it with evidence.”).
9 SAT Essay Writing, College Board Essay 6 Points, https://sonnguyenrocks.wordpress.com/2014/11/11/collegeboard-essay-6-points/ (last visited May 10, 2016) (“Assignment: Are people better at making observations, discoveries, and decisions if they remain neutral and impartial? Support your position with reasoning and examples taken from your reading, studies, experience, or observations.”).
10Id.
11Id.
12Docslide, Sample Student Essay, http://docslide.us/documents/27-april-sat-essay-1.html (last visited May 10, 2016).
13Id.
14E. Simpson & M. Courtney, Critical Thinking in Nursing Education: Literature Review, 8 Int J Nurs Pract. 2002 Apr;8(2):89-98 (“If nurses are to deal effectively with complex change, increased demands and greater accountability, they must become skilled in higher-level thinking and reasoning abilities… that practicing nurses and nurse educators concur that the increasing complexity of modern healthcare demands critical thinking.”).
15Ken Petress, Critical Thinking: An Extended Definition, 12 (3) Education 461, 461 (2004) (“Critical thinking examines assumptions, discerns hidden values, evaluates evidence, and assesses conclusions.”).
16外灘教育訊,哈佛大學唯一必修课寫作課是怎麼上的?新浪教育,201569日,http://edu.sina.com.cn/a/2015-06-09/1056260682.shtml(最後瀏覽日:2016510日);American Association, What Is a 21st Century Liberal Education?, http://www.aacu.org/leap/what-is-a-liberal-education (last visited May 10, 2016) (“Liberal Education is an approach to learning that empowers individuals and prepares them to deal with complexity, diversity, and change. It provides students with broad knowledge of the wider world (e.g. science, culture, and society) as well as in-depth study in a specific area of interest.”); James Engell, On the Value of a Liberal Arts Education, http://artsandhumanities.fas.harvard.edu/pages/your-future (last visited May 10, 2016) (“In today’s fast evolving world, leaders across the spectrum of vocations and professions need a broad imaginative and critical capacity, not a prematurely narrow point of view. In terms of the actual world, a solid liberal arts and sciences education will generally prove the most practical preparation for many demanding, high-level careers”).
17Elizabeth Guzik, Welcome to College: Say Goodbye to the Five-Paragraph Essay, http://web.csulb.edu/~eguzik/fivepara.html(last visited July 31, 2015).
18Id. (“The difference is that the college essay asks you to ask more probing questions--to examine the hows and whys behind each point and push your analysis further.”).
19 台灣大學寫作教學中心網站http://www.awec.ntu.edu.tw/chinesewriting.html (最後瀏覽日:20151227日)。
20同上http://www.awec.ntu.edu.tw/qa.html(最後瀏覽日:20157月31日
21同上。
22楊晉綺,大競寫學生作品選輯(2007~2009),國立清華大學寫作中心,頁1writing.wwlc.nthu.edu.tw/writcent/uploaded_files/view/3265(最後瀏覽日:2016510日)。
23同上,頁1
24同上,頁3
25American Bar Association, ABA Standard for Approval of Law Schools, July  2000, p. 40, http://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/standardsarchive/2000_standards.authcheckdam.pdf (“Standard 302. CURRICULUM: (a) A law school shall offer to all students in its J.D. program… (2) at least one rigorous writing experience”); American Bar Association, ABA Standard for Approval of Law Schools 2001-2002, 2001, p. 24, http://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/standardsarchive/2001_2002_standards.authcheckdam.pdf (Standard 302. CURRICULUM: (a) All students in a J.D. program shall receive… (2) substantial legal writing instruction, including at least one rigorous writing experience in the first year and at least one additional rigorous writing experience after the first year.).
26American Bar Association, ABA Standards and Rules of Procedure for Approval of Law Schools 2014-2015, 2014, p 15, http://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2014_2015_aba_standards_and_rules_of_procedure_for_approval_of_law_schools_bookmarked.authcheckdam.pdf (“ Standard 302. LEARNING OUTCOMES, (b) Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context”).
27Sullivan, W. M., Colby, A., Wegner, J. W., Bond, L., & Shulman, L. S. Educating lawyers: Preparation for the profession of law, (John Wiley & Sons) (2007).
28LSAC, Law School Admission Test (LSAT), http://www.lsac.org/jd/lsat/about-the-lsat (last visited July 31, 2015); AAMC, What's on the MCAT2015 Exam?, https://students-residents.aamc.org/applying-medical-school/article/whats-mcat-exam/ (last visited April 10, 2016); ETS, Prepare for the GRE® Revised General Test, http://www.ets.org/gre/revised_general/prepare/ (last visited April 10, 2016); GMAT, GMAT Exam Format and Timing, http://www.mba.com/global/the-gmat-exam/gmat-exam-format-timing.aspx (last visited April 10, 2016).
29Duke University School of Law, First-year Curriculum, https://law.duke.edu/curriculum/firstyr/ (last visited July 31, 2015) (“Legal Analysis, Research and Writing 160.01 An introductory study of the various forms of legal writing and modes of legal research.”).
30Sullivan, supra note 27, at 108.
31Suzanne E. Rowe, Legal Research, Legal Writing, and Legal Analysis: Putting Law School into Practice, 29 Stetson L. Rev. 1193, 1201 (2015), http://ssrn.com/abstract=1223682 or http://dx.doi.org/10.2139/ssrn.1223682 (“The first semester will be devoted to objective writing, in which you  analyze whether the client has a claim or predict how the client’s claim might be decided by a judge... The second semester of LRW is typically devoted to advocacy. You will research and analyze legal issues and then write trial memoranda and appellate briefs to convince a court why your client should win. In this semester, students often present oral arguments in simulated courtroom situations.”).
32Id. at 1203-04 (“In legal writing, you must always explain every step of this analysis, even when you are sure that the reader knows more about the law and facts than you do…Because you know the way,  you must lead your reader, step by step. While your reader will be happy to arrive at the top, the journey—your analysis—will be more important than standing on the top step—arriving at your conclusion.”).
33Id. at 1201 (“Legal writing must analyze likely solutions for a client’s distinct problem. To do this, you must prove to the reader what the current law is, based on all the relevant authority you found while researching. Then you must explain how that law applies in your client’s situation and predict an outcome.”).
34Grant Robertson, The $2-Million Comma, Globe & Mail (published: Aug. 7, 2006; updated: Mar. 17, 2009 ) http://www.theglobeandmail.com/report-on-business/the-2-million-comma/article18169907/ (“A grammatical blunder may force Rogers Communications Inc. to pay an extra $2.13-million to use utility poles in the Maritimes after the placement of a comma in a contract permitted the deal's cancellation.”).
35Rowe, supra note 31, at 1207 (“Legal writing must be edited to perfection, and even tiny punctuation marks can be costly.”).
36M. K. Osbeck, What is Good Legal Writing and Why Does It Matter, 4 Drexel L. Rev. 417, 426 (2012) (“Rather, lawyers and judges read legal documents because they need to extract information from these documents that will help them make decisions in the course of their professional duties”).
37The Board of Student Advisors Harvard School, Introduction to Advocacy: Research, Writing and Argument (7th ed. 2002).
38Id. at 153.
39Id. at 185 & 199.
40施惠芬,102-1 學期法律文書寫作課程資訊,台灣大學,https://nol.ntu.edu.tw/nol/coursesearch/print_table.php?course_id=A21%20U4440&class=04&dpt_code=A010&ser_no=57040&semester=102-1(最後瀏覽日:2015731日)(如台大法律系開設法律文書寫作,為選修,限大三以上法律系學生); 政大課程地圖,http://cis.nccu.edu.tw/coursemap/students/ProCourseMap.aspx?College=600&Dept=601_1(最後瀏覽日:2016519日)(如政大法律系課程規劃列表必修中並無法律寫作)。
41楊智傑,千萬別來念法律,五南圖書,2013年,頁132
42同上,頁136
43同上,頁90-91
44同上,頁41-42;陳玟伶,椰林會客室,法律系的教與學曾宛如老師專訪,國立台灣大學教學發展中心,2012530http://ctld.ntu.edu.tw/_epaper/news_detail.php?nid=77(最後瀏覽日2016312日)。
45楊智傑,註41,頁44
46Legal Information Institution, Legal writing, Cornell Law School, https://www.law.cornell.edu/wex/legal_writing (last visited July 31, 2015) (“In many legal settings specialized forms of written communication are required. In many others, writing is the medium in which a lawyer must express their analysis of an issue and seek to persuade others on their clients' behalf. Any legal document must be concise, clear, and conform to the objective standards that have evolved in the legal profession.”).
47Osbeck, supra note 36, at 426 (“ lawyers and judges read legal documents because they need to extract information from these documents that will help them make decisions in the course of their professional duties. For example, a partner in a law firm reads an associate‘s memo in order to obtain information concerning the law and its application to the facts…Likewise, a judge reads a lawyer‘s pre-trial brief in order to obtain information about the case and in order to understand the parties‘ arguments. This in turn helps the judge decide how to rule on a motion.”).

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