Professor Smith's Publications

Articles

Traits of Credibility - Part 6: The Dual Benefits of "Intelligent" Writing, 44 Wyoming Lawyer 50 (2021). Westlaw

Traits of Credibility - Part 5: Organization as a Sign of Intelligence, 43 Wyoming Lawyer 52 (2020). Westlaw

Traits of Credibility - Part 4: Candid Concession, 43 Wyoming Lawyer 52 (2020). Westlaw

Traits of Credibility - Part 3: The Tension Between Zeal and Good Will, 43 Wyoming Lawyer 48 (2020). Westlaw

Traits of Credibility - Part 2: Honesty, 44 Wyoming Lawyer 44 (2019). Westlaw

Traits of Credibility - Part 1: An Introduction to Ethos, 42 Wyoming Lawyer 56 (2019). Westlaw

Concluding on Rules with Multiple Levels of Sub-Rules: Backing Out the Same Way You Went In, 42 Wyoming Lawyer 44 (2019). Westlaw

Applying Legal Rules, 41 Wyoming Lawyer 50 (2018). Westlaw

Going Negative In Policy Arguments, 41 Wyoming Lawyer 50 (2018). Westlaw

Bad Metaphors, Part 2: Arcane Metaphors, 41 Wyoming Lawyer 46 (2018). Westlaw

Bad Metaphors: Part 1: Insulting Metaphors, 40 Wyoming Lawyer 50 (2017). Westlaw

Strategies Behind Quoting a Quote, 40 Wyoming Lawyer 52 (2017). Westlaw

Parallel Structure of Lists: The Basics and the Bold, 40 Wyoming Lawyer 48 (2017). Westlaw

Seven Foundational Skills of Effective Legal Writing, 39 Wyoming Lawyer 16 (2016). Westlaw

Elements v. Factors Part II, 39 Wyoming Lawyer 50 (2016). Westlaw

Elements v. Factors, 39 Wyoming Lawyer 46 (2016). Westlaw | Wyoming Lawyer

Commas and Phrases, 38 Wyoming Lawyer 66 (2015). Westlaw | Wyoming Lawyer

Commas and Clauses, 38, No. 2 Wyoming Lawyer 50 (2015). Westlaw | Wyoming Lawyer

I Can See Clearly Now: Inducted Rules and the See Signal in Legal Citation, 38, No. 6 Wyoming Lawyer 46 (2015). Wyoming Lawyer

That and Which, 37 Wyoming Lawyer 64 (2014). Westlaw | Wyoming Lawyer

Me, Myself and I, 37, No. 4 Wyoming Lawyer 64 (2014). Wyoming Lawyer

Misplaced and Dangling Modifiers, 37 Wyoming Lawyer 60 (2014). Westlaw | Wyoming Lawyer

The Sociological and Cognitive Dimensions of Policy-Based Persuasion, 22 Journal of Law and Policy 35 (2013). Westlaw

Linguistic Hooks: Overcoming Adverse Cognitive Stock Structures in Statutory Interpretation, 8 Legal Communication & Rhetoric: JALWD 1 (2011) (lead article). ALWD

Levels of Metaphor in Persuasive Legal Writing, 58 Mercer Law Review 919 (2007). SSRN ǀ Hein Online ǀ Lexis ǀ Westlaw 

Rhetoric Theory and Legal Writing: An Annotated Bibliography, 3 Journal of the Association of Legal Writing Directors 129 (2006). Internet ǀ Westlaw 

The Next Frontier: Exploring the Substance of Legal Writing, 2 Journal of the Association of Legal Writing Directors 1 (2004). SSRN ǀ Westlaw 

Alternative Substantive Approaches to Advanced Legal Writing Courses, 54 Journal of Legal Education 119 (2004). SSRN ǀ Hein Online ǀ Westlaw 

Adam A. Milani and Michael R. Smith, Playing God: A Critical Look at Sua Sponte Decisions by Appellate Courts, 69 Tennessee Law Review 245 (2002). Hein Online ǀ Lexis ǀ Westlaw 

Comment, Criminal Procedure:  Considering the "Totality of the Circumstances" in Determining Probable Cause for a Search Warrant Based on Informant's Tip, 36 University of Florida Law Review 325 (Spring 1984). Hein Online   

Books and Contributions to Books 

Metaphoric Parable: The Nexus of Metaphor and Narrative in Legal Persuasion, in Narrative and Metaphor in Law 65-89 (Cambridge University Press, Michael Hanne & Robert Weisberg, eds., 2018). Cambridge

Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Wolters Kluwer 3rd ed. 2013). Amazon

Teacher's Manual, Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Aspen Pub. 1st ed. 2002, 2d ed. 2008).

Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Aspen Pub. 1st ed. 2002, 2d ed. 2008). Amazon

Chapter VIII, Beyond the First Year: Upper-Level Programs, in Sourcebook on Legal Writing Programs (E. Easton ed., 2d ed. ABA 2006) (with M. B. Beazley and J. A. Durako) Amazon